Under the law of England and Wales and other common law jurisdictions, it originally consisted of the intentional and wanton removal of a body part that would handicap a person's ability to defend themselves in combat. Under the strict common law definition, initially this required damage to an eye or a limb, while cutting off an ear or the nose was not deemed to be sufficiently disabling. In the many years since, the meaning of the crime expanded to encompass any type of mutilation, disfigurement, or crippling act done using any instrument.
The most significant change in common-law mayhem doctrine came in 1697, when the King's Bench decided Fetter v. Beale, 91 Eng. Rep. 1122. There, the plaintiff recovered in a battery action against a defendant. Shortly thereafter, "part of his skull by reason of the said battery came out of his head", and the plaintiff brought a subsequent action under mayhem. Though Fetter is also known as an early example of res judicata, it is most significant for expanding the ambit of mayhem to include "loss of the skull".
Modern doctrineedit
In modern times, the offense of mayhem has been superseded in many jurisdictions by statutory offenses such as:
Modern statutes in the U.S. define mayhem as disabling or disfiguring, such as rendering useless a member of another person's arms or legs.[3] The injury must be permanent, not just a temporary loss. Some courts will hold even a minor battery as mayhem if the injury is not minor. Mayhem in the U.S. is a felony in all states and jurisdictions, including federal. In the states of California, Vermont and Oklahoma, mayhem is punishable by up to life imprisonment. In other states where laws defining mayhem (or maiming) are in place, the maximum punishment for mayhem is generally 10 to 20 years, and mandatory minimum terms of imprisonment may also apply, depending on the laws of the state. If mayhem was committed in an aggravated fashion, such as in the case of where it resulted in permanent disability or disfigurement, the punishment is generally much more severe, and may even include life imprisonment. For example, simple mayhem in California is punishable by two to eight years in prison, whereas aggravated mayhem is punishable by up to life imprisonment.[4]
Etymologyedit
Both the noun mayhem and the verb maim come from Old French via Anglo-Norman. The word is first attested in various Romance languages in the 13th century, but its ultimate origin is unclear.[5]
Etymology of other meaningedit
The term "wreaker of mayhem" was, accurately, originally used for a person going on a rampage (onslaught) in the glorified setting of a just war. After such uses, the term abounded for centuries in journalese, such as reporting "rioting and mayhem", which readers misunderstood as meaning "havoc, chaos or pandemonium", and started the usual modern use of the word "mayhem".[citation needed]
Referencesedit
^The Law Commission, Consultation Paper No.122, Offences Against the Person and General Principles, Appendix A, Draft Criminal Law Bill, clause 31(1)(a)(iii) at page 90 of the report [1]
^The Home Office. 1998. Violence: Reforming the Offences Against the Person Act 1861. . Archived from the original on 2009-02-27. Retrieved 2008-12-15. Draft Offences Against the Person Bill, clause 23
John C. Klotter and Terry D. Edwards, Criminal Law, Fifth Edition (Anderson Publishing: Cincinnati, 1998). ISBN0-87084-527-6.
Barbara Allen Babcok, Toni M. Massaro, and Norman W. Spaulding, Civil Procedure: Cases and Problems (Aspen Publishers: New York, 2006). ISBN0-7355-5620-2.
March 16, 2024
mayhem, crime, mayhem, common, criminal, offense, consisting, intentional, maiming, another, person, under, england, wales, other, common, jurisdictions, originally, consisted, intentional, wanton, removal, body, part, that, would, handicap, person, ability, d. Mayhem is a common law criminal offense consisting of the intentional maiming of another person Under the law of England and Wales and other common law jurisdictions it originally consisted of the intentional and wanton removal of a body part that would handicap a person s ability to defend themselves in combat Under the strict common law definition initially this required damage to an eye or a limb while cutting off an ear or the nose was not deemed to be sufficiently disabling In the many years since the meaning of the crime expanded to encompass any type of mutilation disfigurement or crippling act done using any instrument Contents 1 England 1 1 History of definitions 1 2 Fetter v Beale 2 Modern doctrine 3 United States 4 Etymology 5 Etymology of other meaning 6 References 7 Further readingEngland editHistory of definitions edit This article needs to be updated Please help update this section to reflect recent events or newly available information August 2011 In England and Wales it has fallen into disuse In 1992 the Law Commission recommended that it be abolished 1 and in 1998 the Home Office proposed to abolish it in the course of codifying the law relating to offences against the person 2 Fetter v Beale edit The most significant change in common law mayhem doctrine came in 1697 when the King s Bench decided Fetter v Beale 91 Eng Rep 1122 There the plaintiff recovered in a battery action against a defendant Shortly thereafter part of his skull by reason of the said battery came out of his head and the plaintiff brought a subsequent action under mayhem Though Fetter is also known as an early example of res judicata it is most significant for expanding the ambit of mayhem to include loss of the skull Modern doctrine editIn modern times the offense of mayhem has been superseded in many jurisdictions by statutory offenses such as aggravated battery grievous bodily harmUnited States editModern statutes in the U S define mayhem as disabling or disfiguring such as rendering useless a member of another person s arms or legs 3 The injury must be permanent not just a temporary loss Some courts will hold even a minor battery as mayhem if the injury is not minor Mayhem in the U S is a felony in all states and jurisdictions including federal In the states of California Vermont and Oklahoma mayhem is punishable by up to life imprisonment In other states where laws defining mayhem or maiming are in place the maximum punishment for mayhem is generally 10 to 20 years and mandatory minimum terms of imprisonment may also apply depending on the laws of the state If mayhem was committed in an aggravated fashion such as in the case of where it resulted in permanent disability or disfigurement the punishment is generally much more severe and may even include life imprisonment For example simple mayhem in California is punishable by two to eight years in prison whereas aggravated mayhem is punishable by up to life imprisonment 4 Etymology editBoth the noun mayhem and the verb maim come from Old French via Anglo Norman The word is first attested in various Romance languages in the 13th century but its ultimate origin is unclear 5 Etymology of other meaning editThe term wreaker of mayhem was accurately originally used for a person going on a rampage onslaught in the glorified setting of a just war After such uses the term abounded for centuries in journalese such as reporting rioting and mayhem which readers misunderstood as meaning havoc chaos or pandemonium and started the usual modern use of the word mayhem citation needed References edit The Law Commission Consultation Paper No 122 Offences Against the Person and General Principles Appendix A Draft Criminal Law Bill clause 31 1 a iii at page 90 of the report 1 The Home Office 1998 Violence Reforming the Offences Against the Person Act 1861 Violence Reforming the Offences Against the Person Act 1861 Home Office Archived from the original on 2009 02 27 Retrieved 2008 12 15 Draft Offences Against the Person Bill clause 23 E g Cal Pen Code Sec 203 Dix George E 2010 Gilbert Law Summaries on Criminal Law Thomson West pp 220 221 ISBN 978 0 314 19430 5 Oxford English Dictionary Third edition June 2000 online version June 2011Further reading editEdward Coke Institutes of the Laws of England Part 3 Chapter 53 p 118 1797 ed 2 via the Internet Archive Edward Hyde East Treatise of Pleas of the Crown Volume 1 Chapter 7 pp 392 403 1806 ed 3 via Google Books William Hawkins Treatise of Pleas of the Crown Book 1 Part 1 Chapter 15 Sections 1 12 pp 107 109 1824 ed 4 from Google Books John C Klotter and Terry D Edwards Criminal Law Fifth Edition Anderson Publishing Cincinnati 1998 ISBN 0 87084 527 6 Barbara Allen Babcok Toni M Massaro and Norman W Spaulding Civil Procedure Cases and Problems Aspen Publishers New York 2006 ISBN 0 7355 5620 2 Retrieved from https en wikipedia org w index php title Mayhem crime amp oldid 1167860068 United States, wikipedia, wiki, book, books, library,
