Can a Person be charged with Murder for Killing anything other than a Human Being?

Please read the legal definition for the word "murder" before you give your answer to this poll question.​

MURDER
" the killing of a human being by a sane person, with intent, malice aforethought (prior intention to kill the particular victim or anyone who gets in the way) and with no legal excuse or authority."


"Can a Person be charged with Murder for Killing anything other than another Human Being? "​

 

19 Views and no votes?

Is it just because nobody wants to go on record or what?

 

Come on people.

This is not a trick question.

 

Of course not. Murder implies death of a human being. Death of something else is not murder.

 

Thank you.

 

And with abortion they have the legal authority, hence not murder.

 

Ummmm.

The question not about abortion.

 

To add to my last response (This thread / question is not about abortion)...

However, I wonder if you will answer a question relating the two.

When a person is charged with murder for illegally killing a child in the womb...

How does that not recognize the "personhood" of the child killed?

 

Yes it is, ALL your questions are related to the only topic you post on, ABORTION.

 

Yes it is about Abortion, you know and so does anyone that can read your handle or posts here.
Yes, there are laws on the book but most are based on real medical data, they are based mon religous and personal beliefs and pander of lawmakers, does not make it correct and FYI it is very rare that a DA will add the charge of killing a fetus since they know they can end up losing out on that charge since it is not murder to have an abortion, per the law.

 

In most states when a pregnant woman who is intending to bear the child is violently attacked to the point that the child is lost the attacker can be charged with manslaughter.

If the attack was with the specific intent to destroy the fetus its possible they could get murder one.

This kind of law is in place to protect the woman more than the embryo. Pregnancies where the child is unwanted by the man involved have a long history of violence. The men feel trapped and often act out violently, the law is meant to be a very strong deterrent.

Still happens a lot though. Lots of guys skip the middle man though and just kill the pregnant woman outright.

 

Notwithstanding abortion, there is only one instance of first degree murder in which the murderer cannot be charged or punished by the law, in any way.

 

That doesn't answer my question.

 

I answered your question in the poll and in my posts, it is up to you to find it.

 

Self defense?

That would be justifiable homicide....

You don't think self defense is "murder."

Do you?

 

According to that definition it wouldn't be murder, but you can still be charged for unlawful killings, for example, the killing of protected endangered species.

In the UK, you can get charged by HM the Queen for killing a swan. (She owns all the swans).

 

The operative phrase in the OP is 'anything other than a human being.' I would say that since the definition of murder is specific to homicide, killing an animal, for instance, is not grounds for a murder indictment.

 

Well there's "child killing" and then there's the abortion of an unwanted fetus (why he/she is unwanted is irrelevant). As to how the "personhood" of the creature could be denied may relate to the fact that it isn't self-aware or even thinking for that matter. Yes, it may be able to recognize pain, but "complex" thought, in a very relaxed sense of the word, does not exist.

"When a person is charged..."
Is that implying that a person has indeed already been charged with the specific account of "murdering" a child in the womb?

Is it murder if its spark of consciousness has yet to be lit?

 

Man is the only creature that matters. And I disagree with "by a sane person." Insane people should be incompetent, like trying to kill a person by going, "Bang, bang." If they are capable of killing, they must die. Insanity and temporary insanity must be removed from the law as excuses by people who are a threat to society.

 

Again...

According to the language of the laws - it is.

 

The language of which laws?

You have me interested. I'll definitely be looking into the various views of abortion and its laws within the US.

 

No. Unless it's an alien, then maybe it could be considered murder depending on where the alleged murder took place and under what jurisdiction (planets). but then again no alien species has yet been discovered, so...

 

US CODE § 919a - Art. 119a. Death or injury of an unborn child


"(d) In this section, the term “unborn child” means a child in utero, and the term “child in utero” or “child, who is in utero” means a member of the species homo sapiens, at any stage of development, who is carried in the womb. "

"(3) If the person engaging in the conduct thereby intentionally kills or attempts to kill the unborn child, that person shall, instead of being punished under paragraph (1), be punished as provided under sections 880, 918, and 919 (a) of this title (articles 80, 118, and 119(a)) for intentionally killing or attempting to kill a human being. "

Section #918 takes you to the laws for murder.

 

Really? Do you think people here are as stoopid as people who put up stoopid flame bait questions?

This from the guy who's screen name is "chuz life"...heheh.

 

does killing a endangered animal count? hell i killed four of those yesterday..i hate woodpeckers..they serve no useful purpose ..kind of like a liberal..