Murder in Sharifistani law: Difference between revisions
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'''Illegal abortion''' | '''Illegal abortion''' | ||
Controversially abortion (unless the mother's life is under threat) is classified as either murder or manslaughter under Sharifistani law. | Controversially abortion (unless the mother's life is under threat) is classified as either murder or manslaughter under Sharifistani law. | ||
If a woman has an abortion because she was raped this is in theory classified as manslaughter but in practice the woman is always pardoned. | |||
Illegal abortionists are classified as guilty of first-degree murder. | If a woman has an abortion because she was raped this is in theory classified as manslaughter but in practice the woman is always pardoned. Illegal abortionists are classified as guilty of first-degree murder. | ||
'''Partial defences''' | '''Partial defences''' | ||
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Partial defences commute a charge of murder to voluntary manslaughter. | Partial defences commute a charge of murder to voluntary manslaughter. | ||
There are two partial defences: | There are two partial defences: | ||
1. Mental defect ("the defendant is not of sound mind") and | 1. Mental defect ("the defendant is not of sound mind") and | ||
2. Loss of control due to provocation ("the defendant was provoked to an extent that a reasonable person's self-control could be diminished".) | 2. Loss of control due to provocation ("the defendant was provoked to an extent that a reasonable person's self-control could be diminished".) | ||
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1. Self-defence: Defendant had a reasonable fear of imminent threat and acted accordingly. The most common full defence given in murder cases. | 1. Self-defence: Defendant had a reasonable fear of imminent threat and acted accordingly. The most common full defence given in murder cases. | ||
Self-defence "cannot be used to obstruct the self-defence of others against the defendant's crime(s) or to obstruct lawful government actions". | |||
2. Insanity: Defendant either "lacked ability to reason such that they could not identify their actions as wrong" or "lacked the free-will to be able not to engage in those actions" | 2. Insanity: Defendant either "lacked ability to reason such that they could not identify their actions as wrong" or "lacked the free-will to be able not to engage in those actions" | ||
3. Lawful conduct in war: Military personnel, even in a war of aggression | 3. Lawful conduct in war: Military personnel, even in a war of aggression, cannot be prosecuted for murder for killing enemy combatants according to the laws of war. They have status as prisoners of war rather than as criminals. | ||
4. Lawful police action: under the fleeing felon law, [[Law enforcement in Sharifistan|Sharifistani law enforcement]] can shoot someone who, after prior warning to stop, continues to flee from arrest for a felony. | |||
[[Category:Sharifistani law]] | [[Category:Sharifistani law]] | ||
Latest revision as of 15:58, 20 March 2021
According to Sharifistani law murder is when a man of sound mind, unlawfully kills any person under the protection of the Sultan with the intention of doing so and without provocation that could diminish the self-control of a reasonable person". Murder planned in cold-blood is classified as first-degree murder whilst murder in the heat of the moment is considered second-degree murder.
Sentence
The sentence for murder is much more severe than the more common charge of voluntary manslaughter. The minimum sentence for 2nd degree murder is "eighteen years with parole after nine" whilst the minimum sentence for first degree murder is "life with parole after 17 years." Murder is punishable by death but this is only used in practice for certain types of murder such as sexually-motivated murder, murder of a child, murder in the furtherance of theft or the murder of a Judge, police officer, prison officer, paramedic or member of the armed forces in the course of their duties.
Illegal abortion
Controversially abortion (unless the mother's life is under threat) is classified as either murder or manslaughter under Sharifistani law.
If a woman has an abortion because she was raped this is in theory classified as manslaughter but in practice the woman is always pardoned. Illegal abortionists are classified as guilty of first-degree murder.
Partial defences
Partial defences commute a charge of murder to voluntary manslaughter. There are two partial defences:
1. Mental defect ("the defendant is not of sound mind") and
2. Loss of control due to provocation ("the defendant was provoked to an extent that a reasonable person's self-control could be diminished".)
Full defences
1. Self-defence: Defendant had a reasonable fear of imminent threat and acted accordingly. The most common full defence given in murder cases. Self-defence "cannot be used to obstruct the self-defence of others against the defendant's crime(s) or to obstruct lawful government actions".
2. Insanity: Defendant either "lacked ability to reason such that they could not identify their actions as wrong" or "lacked the free-will to be able not to engage in those actions"
3. Lawful conduct in war: Military personnel, even in a war of aggression, cannot be prosecuted for murder for killing enemy combatants according to the laws of war. They have status as prisoners of war rather than as criminals.
4. Lawful police action: under the fleeing felon law, Sharifistani law enforcement can shoot someone who, after prior warning to stop, continues to flee from arrest for a felony.