Murder in English Law and US Law
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There are some key differences between the law of murder in England and Wales and the United States.
Degrees of Murder
In the United States, murder is often classified into two degrees: first-degree murder and second-degree murder. First-degree murder is premeditated and intentional, while second-degree murder is not premeditated but still intentional. Some states including Minnesota, Florida and Pennsylvania include third-degree murder which is defined as homicide committed with the intention of causing bodily harm, but not necessarily death. In contrast, there is no such distinction in England and Wales. Murder is simply defined as the intentional killing of another person, with no requirement of premeditation.
The Mental Element
In both England and Wales and the United States, murder requires a mental element, or mens rea. However, the mental element required for murder is different in the two countries. In the United States, the prosecution must prove that the defendant had the specific intent to kill or cause serious bodily harm. In England and Wales, the prosecution must prove only that the defendant intended to cause some harm, regardless of whether they intended to kill the victim.
The Defence of Provocation
Both England and Wales and the United States recognise the defence of provocation in murder cases. However, the rules for this defence differ. In the United States, the defence of provocation is generally not available if the defendant had a cooling-off period between the provocation and the killing. In England and Wales, the cooling-off period is not relevant to the defence.
Sentencing
In England and Wales, murder carries a mandatory life sentence. However, the minimum term that the defendant must serve before being eligible for parole varies depending on the circumstances of the case. In the United States, the sentence for murder varies by state, and some states have the death penalty. However, even in states without the death penalty, the maximum sentence for murder is generally much longer than the maximum sentence in England and Wales.
While there are some similarities between the law of murder in England and Wales and the United States, there are also some significant differences.
Degrees of Murder
In the United States, murder is often classified into two degrees: first-degree murder and second-degree murder. First-degree murder is premeditated and intentional, while second-degree murder is not premeditated but still intentional. Some states including Minnesota, Florida and Pennsylvania include third-degree murder which is defined as homicide committed with the intention of causing bodily harm, but not necessarily death. In contrast, there is no such distinction in England and Wales. Murder is simply defined as the intentional killing of another person, with no requirement of premeditation.
The Mental Element
In both England and Wales and the United States, murder requires a mental element, or mens rea. However, the mental element required for murder is different in the two countries. In the United States, the prosecution must prove that the defendant had the specific intent to kill or cause serious bodily harm. In England and Wales, the prosecution must prove only that the defendant intended to cause some harm, regardless of whether they intended to kill the victim.
The Defence of Provocation
Both England and Wales and the United States recognise the defence of provocation in murder cases. However, the rules for this defence differ. In the United States, the defence of provocation is generally not available if the defendant had a cooling-off period between the provocation and the killing. In England and Wales, the cooling-off period is not relevant to the defence.
Sentencing
In England and Wales, murder carries a mandatory life sentence. However, the minimum term that the defendant must serve before being eligible for parole varies depending on the circumstances of the case. In the United States, the sentence for murder varies by state, and some states have the death penalty. However, even in states without the death penalty, the maximum sentence for murder is generally much longer than the maximum sentence in England and Wales.
While there are some similarities between the law of murder in England and Wales and the United States, there are also some significant differences.
