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Questions tagged [murder]

Unlawful killing of a human by another human with malice aforethought. Related tags might be "homicide" or "manslaughter."

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-1 votes
0 answers
43 views

If someone asks someone else to kill him, is it legal to do his request? [duplicate]

If a perfectly healthy person asks someone else to kill him, would he be legally able to do so in the United States?
40 votes
6 answers
14k views

Suppose someone kills more people than they intended. Did they murder the extra people?

If a person sets a bomb in a music festival. Based on previous attendance numbers, they expected 60,000 people to show up. 120,000 people showed up and were killed by their bomb. Legally, did they ...
1 vote
1 answer
202 views

In US, if I trick a person into knocking a wrong door and the homeowner shoots them to death, what crime would I commit?

Let me start by saying that I'm not a US citizen nor living in the US (I live in a country where guns are illegal), and I'm not familiar with the difference between the gun laws in different states. ...
2 votes
1 answer
626 views

Can legal action be reasonably taken against someone for providing incentive to hurt yourself?

Let's say that Sam the Sociopath invites Peter the Poor man into his luxurious house. They go to a living room with a fireplace. Sam then pulls out 1 million dollars in a fireproof bag that will last ...
1 vote
1 answer
191 views

Why was dueling legal?

Dueling has, historically, been legal in many places. In common-law jurisdictions, why was it not considered murder if someone dies and attempted murder or assault if not? Did the common-law or ...
0 votes
0 answers
40 views

What charges can be filed against a get away driver in a murder [duplicate]

Person is murdered but someone else’s drives the get away car. What charges can be filed on driver.
-1 votes
1 answer
136 views

Could a person who has served time for 2nd degree murder later be charged with 1st degree murder if their co-defendant gets a new trial?

If someone was charged with 1st degree murder but got it got dropped to 2nd degree with a plea of 10 yrs, and their co-defendant got a new trial, could they then be charged with 1st degree murder even ...
13 votes
9 answers
6k views

Can one be convicted of murder without a body?

There is an ongoing case in France about Mrs Delphine Jubilar (fr) who disappeared one night in December 2020. Her partner is accused of having murdered her, but no body was ever found. He is ...
10 votes
2 answers
8k views

What crime have you committed if you hire an assassin but cancel the contract?

This came up in comment discussions about analogies in this question. If I hire an assassin to kill someone, I'm presumably guilty of offenses like murder, conspiracy, and solicitation of murder. Even ...
2 votes
0 answers
51 views

Are there typically any provisions in systems or succession that nullify a successor’s claim to the position if they off their predecessor themselves? [closed]

Suppose Prince William killed King Charles, would he still become king? Was this historically the case in the UK or other monarchies? Or if Kamala kills Joe?
1 vote
5 answers
402 views

Legality of mercy killing

I understand that there are multiple question on here regarding mercy killing, assisted suicide and euthanasia but as I've read, the specifics of the situation are crucial to the legality of it and my ...
17 votes
4 answers
11k views

If someone commits a crime, but suffers brain damage and has no memory of the crime, will they get punished?

Say that Bob is a horrible person who commits murder, theft, and a bunch of other bad stuff. Before getting caught, he shoots himself in the head. Miraculously, he survives, but with a severe case of ...
6 votes
1 answer
338 views

What did it mean to be “declared infamous”?

According to Wikipedia, in Ashford v. Thornton, If the plaintiff said the word craven ("I am vanquished") and gave up the fight, he was to be declared infamous, deprived of the privileges ...
-3 votes
1 answer
348 views

Can a person legally consent to being killed by someone else? [duplicate]

I am referring to rare instances of 'mercy killing.' For example, a family member in the hospital, stricken with a terminal illness, asking a loved one to administer a lethal dose of morphine, or an ...
1 vote
1 answer
702 views

Are there federal murder offenses that do not involve interstate activity in the United States?

When one commits the crime of murder in a single state of the United States, does he also violate a federal law against murder, or does it only become a federal crime if the murderer crosses state ...
-4 votes
1 answer
43 views

Was Ashford v Thornton heard at the Royal courts of Justice in Chancery Lane, London or elsewhere?

What physical venue was this 19th century Murder appeal heard in?
1 vote
1 answer
99 views

The Princes in the Tower

This (long) argument about the murders of the boy-king, Edward V, and his brother, Richard (Duke of York) in (around) September 1483 continues. Many opine (including members of "The Richard III ...
3 votes
1 answer
1k views

What offences are made out by John Kramer's acts, if proved?

In the Saw franchise it has be said by Jigsaw/John Kramer himself and by others that "he has never actually killed anyone" and that everyone "has a chance to survive". Consider a ...
1 vote
3 answers
222 views

Is a future threat a defense for murder?

Consider this scenario: you and a known enemy, with which you have had violent altercations in the past, have been in a fight and you have been badly wounded. The enemy tells you that once he leaves ...
2 votes
2 answers
640 views

Is psychological impairment a defense for murder?

My question was prompted by an episode of the TV show Arrow. The subject of my question is the law not science fiction so I won't go into too much detail, but a character is killed and resurrected by ...
0 votes
3 answers
241 views

What crimes can be defended claiming duress?

I understand most crimes can be defended by claiming duress. I know that excludes the murder of an innocent person, but what other crimes cannot be fully defended using duress? Also, if someone did ...
-1 votes
1 answer
71 views

Why would someone who is charged with murder appear before Westminster (or any other) Magistrates Court?

According to media reports, NX121 is set to appear at Westminster Magistrates Court. But isn’t murder an indictable only offence?
68 votes
9 answers
17k views

Why is murder considered a more serious crime than attempted murder?

By its sentencing guidelines (the world over?), murder is considered a more serious crime than attempted murder. If intent to kill has indeed been proven, does the latter crime reward incompetence ...
2 votes
2 answers
2k views

In the US, if I chose to let someone die purely because I have the right to use my body however I choose, would I be charged with murder?

I'll elaborate on the title: Someone asked me the question: Do you believe people should be forced to allow the use of their organs without consent? And in order to respond, I wondered what a ...
12 votes
6 answers
7k views

What would you be charged with for covering up a rightful death?

I'm referring to a specific situation that occurred in the TV show 24. Due to previous complex circumstances, a man (call him "Bob") destroys a van that is the scene of a murder and hides 2 ...
12 votes
3 answers
4k views

"Murder laws are governed by the states, [not the federal government]." Is Vivek Ramaswamy right?

United States presidential candidate Vivek Ramaswamy stated he doesn't support a federal ban on abortion, a practice which he understands to be murder, because the U.S. federal government doesn't ...
3 votes
4 answers
1k views

Is defending oneself from a sexual assult a defence for murder?

A man forces himself on a woman with no threats of violence, no deadly weapon and he doesn't even hit her, he simply just physically overpowers her. This occurs in the kitchen and she is able to grab ...
17 votes
8 answers
8k views

Does it constitute murder if the attempted murder fails but the victim dies anyway as a side effect of the attacker's actions?

For example, suppose an attacker is chasing a victim with a knife and the intention to kill. While running away, the victim falls, hitting their head, and dies. Assuming there is clear evidence for ...
5 votes
3 answers
2k views

Does the guilt of the victim affect the validity of a crime of passion

I just watched the movie 'A Time To Kill'. If you don't know it, it is about the trial of a man who kills the 2 men that violently raped and assulted his daughter. In the end, he was found innocent by ...
22 votes
3 answers
7k views

Can someone be charged with the murder of unidentified victims?

I've been watching "Des", ITV's dramatisation of the arrest and trial of serial killer Dennis Nielsen. The police seem desperate to identify the names of the victims, despite having the ...
0 votes
1 answer
2k views

Murder vs aggravated assault vs attempted murder

Just watched "Night watching" on A&E. On the show, someone was stabbed 23 times. At the end the narrator said that a suspect was arrested and charged with 23 counts of aggravated assault. Why not ...
-3 votes
2 answers
108 views

In the context of third-party murder, is an unborn foetus a separate living thing? [duplicate]

Bob stomps on Alice's pregnant stomach, thereby causing the latter to miscarry. Did the former individual commit murder if the latter survived the assault? Alice shoots Bob's pregnant stomach, thereby ...
0 votes
2 answers
98 views

Where and how does intent factor in to murder?

Given a fentanyl related death & murder charge: https://abcnews.go.com/US/suspect-arrested-connection-deaths-2-men-drugged-beaten/story?id=98308800 Given that the suspect had beaten and robbed ...
16 votes
5 answers
9k views

Is murder unconstitutional?

I've heard a number of times now that the U.S. Constitution regulates the government and not private entities. This is why, for example, private organizations can limit free speech but the government ...
11 votes
3 answers
12k views

What crime has someone committed if they "kill" someone who is already dead?

Was watching a police drama (a classic "Taggart" episode) where this was a plotline. A wife shot her husband while he was "sleeping", and subsequently confessed to his murder. Yet (this being ...
13 votes
6 answers
6k views

Can a six year old be charged?

CONTEXT: https://www.cnn.com/2023/01/13/us/newport-news-virginia-shooting-friday/index.html Assume that the six year old does not understand the concepts of life / death / murder / assault. Can the ...
36 votes
5 answers
20k views

What crime is hiring someone to kill you and then killing the hitman?

Suppose that yesterday I was suicidal and decided to hire a hitman on the internet to kill me. Today, when they turn up, I have changed my mind and defend myself by killing the hitman. What crime(s) ...
10 votes
1 answer
4k views

What is the minimum sentence for murder in Japan?

In the Yakuza series, several characters are sent to jail for murder, but it's only ever for 10-15-ish years. I was wondering if this was at all realistic, since I'm only aware of people going to jail ...
5 votes
1 answer
373 views

Locked room double murder

Consider a hypothetical room with in it two murder victims. Two people are both suspects of both murders. There is overwhelming evidence to show that the victims were not killed by the same person. It ...
-1 votes
1 answer
280 views

What if a US citizen kills a foreign citizen? [closed]

What if a US citizen kills a foreign citizen in another country and in the US?
0 votes
1 answer
74 views

a murder in death penalty us state but the culprit was'nt caught until 45 years later during which that state had since abolished capital punishment

as said if a murder was committed in a US state that had the death penalty for that offence at the time but the person who committed it was'nt caught until 45 years later(during which the death ...
9 votes
1 answer
4k views

What constitutes murder in war?

So, there is a man, Gibril Massaquoi, on trial in Finland for things he allegedly did during the Liberian Civil War. Among the charges is murder. Here's the thing: in war, it is generally to be hoped ...
0 votes
4 answers
321 views

Double Jeopardy?

A woman is thought to have been murdered (corrected this first sentence from a previous comment). A man is arrested for it. He is offered a plea bargain deal that will get him 15 years or he can take ...
17 votes
4 answers
6k views

What if police find a dead body during an illegal search?

Suppose police conduct an illegal search of a residence (no warrant, no consent, no probable cause) and find a dead body. There is plenty of evidence in plain sight that it was a murder and also ...
1 vote
2 answers
161 views

Does an individual's use of a tool or weapon affect their claim of self-defense?

Consider the following hypothetical scenario: A person is at home when a robber, who thought the apartment would be empty, enters. The home owner kills the robber in a subsequent exchange. It is not ...
19 votes
3 answers
8k views

If I made a detailed plan to kill one person, then change my target at the last minute, was the murder premeditated?

Let's say I've spent years setting up the perfect murder to kill person A. Then, when the time comes, I learn some information that makes me realize I'd rather person B died than person A. Thus, at ...
35 votes
8 answers
17k views

Pregnant spouse slipped abortion pills unknowingly. What would the legal ramifications be?

Suppose a partner to a pregnant woman gave her an abortion pill which successfully aborted the pregnancy. Suppose that this was done in a non-violent way, unbeknownst to the woman. One could argue ...
26 votes
6 answers
9k views

Convicted for murder and "victim" found alive

In two works of fiction I read or saw, a person was convicted for murder when the victim was actually alive. (In one case, not quite alive - police take finger prints of an unknown 30 year old woman, ...
2 votes
2 answers
135 views

Why, in the JIT's opinion, was it murder to mistakingly shoot down the Malaysian plane over Ukraine in 2014?

If the court adjudicated that they didn't shoot the MH17 plane on purpose (they thought, mistakenly, that it was a Ukrainian military aircraft), why did it find the defendants guilty of murder as ...
2 votes
4 answers
1k views

Could a state legalize murder?

Could a state decriminalize killing other people in all cases? (Obviously they wouldn't and shouldn't, but could they legally/constitutionally?)