Infanticide
The History of Murder Podcast
Today we begin to talk about a very special kind of homicide: infanticide. Infanticide, or the killing of newborn children, is a surprisingly large topic in the history of murder, and we're going to cover it over the course of two episodes. This topic has a colourful history because Parliament, judges and juries aren't sure what to make of it. If a woman kills her child, is it murder? In some respects, it sounds like murder; after all, it's one person killing another. But in other respects, it doesn't really resemble the classic murder cases we've seen so far. A mother who kills her...
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Witchcraft - Bonus episode
The History of Murder Podcast
This week's episode is a bonus episode on the history of witchcraft in English law. We give murder a rest in this episode and focus exclusively on the rise and fall of witchcraft in England in the 17th century instead. The episode starts by looking at King James I's weird personal relationship with witch-hunting. We then see how his son, Charles I, was a bit skeptical about the whole thing, and how he fostered skepticism towards witch-hunting until his career was cut short (so to speak) and civil war broke out. We then turn to the story of the so-called Witchfinder general, Matthew Hopkins,...
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Witchcraft
The History of Murder Podcast
Today's episode is on one of the best topics in the history of the law - witchcraft! We start this episode by looking at the first famous witchcraft trial (and pamphlet) in England, the case of Mother Waterhouse. Mother Waterhouse's case gives us some clues as to why witches and witchcraft-accusers tended to be women. One reason is that witchcraft cases tended to revolve around neighborly disputes, household problems and children. Because of this, we'll see the witch portrayed as the "anti-housewife" and the "anti-mother." Then, we'll look at how witchcraft was prosecuted in the courts....
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The Trial of Catherine Hayes
The History of Murder Podcast
Today's episode of the History of Murder Podcast focuses on the trial and execution of Catherine Hayes. Catherine Hayes was convicted of murdering her husband in 1726 and was sentenced to be burned at the stake for this crime. The facts in this case are just as fascinating now as they were in 1726. Spoiler alert: we'll see a pickled head, allegations of adultery and incest, and a horrifying botched execution. We'll then try to avoid being historical voyeurs--only interested in cases for their scandal and dramatic value--by focusing on what this case tells us about women who killed their...
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(Wo)manslaughter
The History of Murder Podcast
Today's episode looks at women in the history of murder. First, we'll see how the law of murder applied differently to women than it did to men. One big difference is the fact that women weren't eligible to plead benefit of clergy until 1691, which meant they were (essentially) unable to be convicted of manslaughter. This is a drag for women who kill others through negligence and who are then executed for it. On the flip side, women could "plead the belly," meaning that they could have their date of execution postponed if they were pregnant. Then, we'll look at early-modern ideas of female...
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Felony Murder and Constructive Malice
The History of Murder Podcast
Today we take a whirlwind tour through the controversial topic of felony murder. In today's episode, we ask whether it is murder when someone kills someone else unintentionally but during the course of a serious crime (or a felony). Normally killing has to be intentional to qualify as murder - but does the criminal context change this rule? For instance, is it murder when a robber accidentally shoots a cashier during an armed robbery? What about when a kidnapper smothers someone by accident while kidnapping them? Some modern common-law jurisdictions are deeply divided on this topic, and we'll...
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Unintentional Killing
The History of Murder Podcast
We all know (now) that if you kill someone intentionally, it's murder. But is it ever murder when someone kills someone else unintentionally? Today, we look at a whole range of unintentional killings and ask whether they're murder, manslaughter, or sheer accident. Is it murder if you mean to kill one person but end up unintentionally killing another? What is it when you mean to give someone a little push or slap and end up killing them by accident? What if you mean to hurt someone really badly but end up killing them instead? And what if you just do something really stupid and kill...
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Bonus episode: Insults!
The History of Murder Podcast
Today's bonus episode is on insults. It looks at which insults were considered to be the most provocative in the 17th century. We'll see that courts were willing to excuse men who flew into a homicidal rage upon having their noses tweaked, being jostled, having the wall taken from them, and being "filliped upon the forehead." We'll also see one of my favourite cases, which involves a leek, a Welshman, a scarecrow, and a hammer. Finally, we'll see these insults in action by looking at Act 1 Scene 1 of Romeo and Juliet. If you like the podcast, please be sure to subscribe on your...
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Provocation
The History of Murder Podcast
Today's episode features a considerable amount of spontaneous stabbing. We start off with the famous case of Watts v Brains (1600), where the court has to deal with two major problems. First, is it OK to kill someone just because they make "a wry face" at you? Second, how do we prove malice aforethought (and therefore that someone committed murder) if one person kills another in the heat of the moment? We go on to see how the famous judge, Sir Edward Coke, decides to solve these problems by changing the rules of the game. From now on, he tells us, we can just presume that it's murder when one...
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The Origins of the Word Murder: murdrum, morth, and malice aforethought (bonus episode)
The History of Murder Podcast
In today's bonus episode, we look at the origins of the terms "murder" and "malice aforethought." We see that "murder" comes from a few sources, including murdrum and morth. In the end, murder becomes strongly associated with secret killing, killing with no witnesses, or killing somewhere remote. This association brings the concept of murder closer to the concepts of ambush and premeditated killing. Perhaps this explains why murder ends up being defined as killing with "malice aforethought," a term which also strongly implies ambush and premeditation. I gloss over a lot of scholarly...
info_outlineWe all know (now) that if you kill someone intentionally, it's murder. But is it ever murder when someone kills someone else unintentionally?
Today, we look at a whole range of unintentional killings and ask whether they're murder, manslaughter, or sheer accident. Is it murder if you mean to kill one person but end up unintentionally killing another? What is it when you mean to give someone a little push or slap and end up killing them by accident? What if you mean to hurt someone really badly but end up killing them instead? And what if you just do something really stupid and kill someone by mistake?
Murder weapons vary widely in this episode. We'll see a man who tried to poison his wife with an apple, a blacksmith who killed his apprentice with a bar of iron, a roofer who killed a pedestrian with a shingle, and a provoked man who killed a woman with an unlucky broomstick throw.
Warning: modern terms for what we're discussing today vary widely, particularly in the USA. Depending on the jurisdiction, you can find not only different degrees of murder, but also degrees of manslaughter, as well as terms like felony murder and depraved heart murder.
Check out the website at historyofmurderpodcast.com for notes on sources. Follow us on Twitter @murderhistorian.