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Murder is the unlawful killing of another human without justification or valid excuse committed with the necessary intention as defined by the law in a specific jurisdiction.[1][2][3] This state of mind may, depending upon the jurisdiction, distinguish murder from other forms of unlawful homicide, such as manslaughter. Manslaughter is killing committed in the absence of malice,[note 1] such as in the case of voluntary manslaughter brought about by reasonable provocation, or diminished capacity. Involuntary manslaughter, where it is recognized, is a killing that lacks all but the most attenuated guilty intent, recklessness.
Most societies consider murder to be an extremely serious crime, and thus believe that a person convicted of murder should receive harsh punishments for the purposes of retribution, deterrence, rehabilitation, or incapacitation. In most countries, a person convicted of murder generally receives a long-term prison sentence, a life sentence, or capital punishment.[4] Some countries, states, and territories, including the United Kingdom and other countries with English-derived common law, mandate life imprisonment for murder, whether it is subdivided into first-degree murder or otherwise.[5]
- ^ West's Encyclopedia of American Law Volume 7 (Legal Representation to Oyez). West Group. 1997. ISBN 978-0314201607. Retrieved 10 September 2017. ("The unlawful killing of another human being without justification or excuse.")
- ^ "Murder". Merriam-Webster. Archived from the original on 2 October 2017. Retrieved 10 September 2017.
- ^ The American Heritage Dictionary (5 ed.). Random House Publishing Group. 2012. ISBN 9780553583229. Retrieved 10 September 2017. ("The killing of another person without justification or excuse, especially the crime of killing a person with malice aforethought or with recklessness manifesting extreme indifference to the value of human life.")
- ^ Tran, Mark (2011-03-28). "China and US among top punishers but death penalty in decline". The Guardian. London. Archived from the original on 2017-02-17.
- ^ See, e.g. United States: 18 USC § 1111 (death or life imprisonment for first-degree murder in the federal jurisdiction of the United States), plus numerous other penalties under state law
United Kingdom: The Murder (Abolition of Death Penalty) Act 1965 (c. 71) s. 1(1) (providing for life imprisonment for murder)
Canada: R.S.C. 1985, c. C-46, s. 235 (providing for life imprisonment for first-degree or second-degree murder in Canada)
Australia: Criminal Code, 1995, s. 71.2 (murder of UN personnel), plus numerous other penalties under state law
New Zealand: Section 102 of the Sentencing Act 2002 (2002 No. 9), providing for the presumption of life imprisonment for murder except where such a sentence would be manifestly unjust
India: Bharatiya Nyaya Sanhita § 103(1) (death or life imprisonment mandatory for murder)
Hong Kong: Offences against the Person Ordinance (Cap. 212), § 2 (providing for the mandatory penalty of life imprisonment for murder, with exceptions for juveniles)
the Philippines: Article 248 of the Revised Penal Code.
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