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Murder |
Murder
In the criminal law, murder is the crime where one human being causes
the death of another human being, without lawful excuse, and with intent
to kill or with an intent to cause grievous bodily harm (traditionally
termed "malice aforethought") (see attempted murder where the
mens rea (the Latin for "guilty mind") requirement is limited).
In some common law jurisdictions, an accused is not guilty of murder if
the victim lives for longer than a year and a day after the attack. This
reflects the likelihood that, if the victim has survived so long after
the initial attack, there will be other factors contributing to the cause
of death and so break the chain of causation). Subject to the local statute
of limitation, the accused can still be charged with an offense representing
the seriousness of the initial assault. But, with the advance of modern
medicine, the majority of countries have abandoned a fixed time period
and test causation on the facts. In most countries murder is considered
the most serious crime, and invokes the highest punishment available under
the law. As with most legal terms, the precise definition varies between
jurisdictions.
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