Difference between revisions of "Murder"
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The classic definition of murder was given by Sir Edward Coke: | The classic definition of murder was given by Sir Edward Coke: | ||
| − | ::"Murder is when a man of sound memory, and of the age of discretion, unlawfully killeth within any county of the realm any reasonable creature ''in rerum natura''<ref> In the nature of things; in | + | ::"Murder is when a man of sound memory, and of the age of discretion, unlawfully killeth within any county of the realm any reasonable creature ''in rerum natura''<ref> In the nature of things; in existence.</ref> under the king's peace, with malice aforethought, either expressed by the party or implied by law, so as the party wounded, or hurt, etc. die of the wound or hurt etc. within a year and a day after the same"<ref>Coke 3 Inst 47</ref>. |
Revision as of 02:42, March 29, 2007
The classic definition of murder was given by Sir Edward Coke:
- "Murder is when a man of sound memory, and of the age of discretion, unlawfully killeth within any county of the realm any reasonable creature in rerum natura[1] under the king's peace, with malice aforethought, either expressed by the party or implied by law, so as the party wounded, or hurt, etc. die of the wound or hurt etc. within a year and a day after the same"[2].
- "A man of sound memory, and of the age of discretion" means, in essence, a sane man.
- "reasonable creature in rerum natura" means any human being.
- "malice aforethought" is a legal concept and only requires a momentary intention immediately prior to the act.
- The common law rule that in order for an act to constitute murder, the victim must die within a year and a day of the wounding, has now been modified by statute in a number of jurisdictions.
In addition to various earthly prohibitions, the sixth[3] of the Ten Commandments forbids murder.
References
- ↑ In the nature of things; in existence.
- ↑ Coke 3 Inst 47
- ↑ Exodus 20:3-17 and Deuteronomy 5:6-21