Mayhem (, ;

cognate In historical linguistics, cognates or lexical cognates are sets of words that have been inherited in direct descent from an etymological ancestor in a common parent language. Because language change can have radical effects on both the s ...

to ) is a

common law Common law (also known as judicial precedent, judge-made law, or case law) is the body of law primarily developed through judicial decisions rather than statutes. Although common law may incorporate certain statutes, it is largely based on prece ...

criminal offence In ordinary language, a crime is an unlawful act punishable by a state or other authority. The term ''crime'' does not, in modern criminal law, have any simple and universally accepted definition,Farmer, Lindsay: "Crime, definitions of", in Ca ...

consisting of the intentional

maiming Mutilation or maiming (from the ) is severe damage to the body that has a subsequent harmful effect on an individual's quality of life. In the modern era, the term has an overwhelmingly negative connotation, referring to alterations that rend ...

of another person. Under the law of

England and Wales England and Wales () is one of the Law of the United Kingdom#Legal jurisdictions, three legal jurisdictions of the United Kingdom. It covers the constituent countries England and Wales and was formed by the Laws in Wales Acts 1535 and 1542. Th ...

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 Combat (French language, French for ''fight'') is a purposeful violent Conflict (process), conflict between multiple combatants with the intent to harm the opposition. Combat may be armed (using weapons) or unarmed (Hand-to-hand combat, not usin ...

. 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 Mutilation or maiming (from the ) is Bodily harm, severe damage to the body that has a subsequent harmful effect on an individual's quality of life. In the modern era, the term has an overwhelmingly negative connotation, referring to alteratio ...

disfigurement Disfigurement is the state of having one's appearance deeply and persistently harmed medically, such as from a disease, birth defect, or wound. General societal attitudes towards disfigurement have varied greatly across cultures and over time ...

, or crippling act done using any instrument.

England

History of definitions

In England and Wales, it has fallen into '' de facto'' disuse. In 1992 the Law Commission recommended that it be abolished, and in 1998 the

Home Office The Home Office (HO), also known (especially in official papers and when referred to in Parliament) as the Home Department, is the United Kingdom's interior ministry. It is responsible for public safety and policing, border security, immigr ...

proposed to abolish it, in the course of codifying the law relating to

offences against the person In criminal law, the term offence against the person or crime against the person usually refers to a crime which is committed by direct physical harm or force being applied to another person. They are usually analysed by division into the fol ...

''Fetter v. Beale''

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 ''Res judicata'' or ''res iudicata'', also known as claim preclusion, is the Latin term for ''judged matter'', and refers to either of two concepts in common law civil procedure: a case in which there has been a final judgment and that is no lon ...

, it is most significant for expanding the ambit of mayhem to include "loss of the skull".

Modern doctrine

In modern times, the offense of mayhem has been superseded in many

jurisdiction Jurisdiction (from Latin 'law' and 'speech' or 'declaration') is the legal term for the legal authority granted to a legal entity to enact justice. In federations like the United States, the concept of jurisdiction applies at multiple level ...

s by statutory offenses such as: *

Aggravated battery Battery is a criminal offense involving unlawful physical contact, distinct from assault, which is the act of creating reasonable fear or apprehension of such contact. Battery is a specific common law offense, although the term is used more gen ...

Grievous bodily harm Assault occasioning grievous bodily harm (often abbreviated to GBH) is a term used in English criminal law to describe the severest forms of battery. It refers to two offences that are created by sections 18 and 20 of the Offences against the ...

United States

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. 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 A felony is traditionally considered a crime of high seriousness, whereas a misdemeanor is regarded as less serious. The term "felony" originated from English common law (from the French medieval word "''félonie''") to describe an offense that r ...

in all states and jurisdictions, including federal. In the states of

California California () is a U.S. state, state in the Western United States that lies on the West Coast of the United States, Pacific Coast. It borders Oregon to the north, Nevada and Arizona to the east, and shares Mexico–United States border, an ...

Vermont Vermont () is a U.S. state, state in the New England region of the Northeastern United States. It borders Massachusetts to the south, New Hampshire to the east, New York (state), New York to the west, and the Provinces and territories of Ca ...

and

Oklahoma Oklahoma ( ; Choctaw language, Choctaw: , ) is a landlocked U.S. state, state in the South Central United States, South Central region of the United States. It borders Texas to the south and west, Kansas to the north, Missouri to the northea ...

, mayhem is punishable by up to

life imprisonment Life imprisonment is any sentence (law), sentence of imprisonment under which the convicted individual is to remain incarcerated for the rest of their natural life (or until pardoned or commuted to a fixed term). Crimes that result in life impr ...

. 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.

Etymology

Both the noun ''mayhem'' and the verb ''

maim Mutilation or maiming (from the ) is Bodily harm, severe damage to the body that has a subsequent harmful effect on an individual's quality of life. In the modern era, the term has an overwhelmingly negative connotation, referring to alteratio ...

'' come from

Old French Old French (, , ; ) was the language spoken in most of the northern half of France approximately between the late 8th Anglo-Norman. The word is first attested in various Romance languages">Anglo-Norman language">Anglo-Norman. The word is first attested in various Romance languages in the 13th century, but its ultimate origin is unclear.

wikt:mayhem#Etymology">origin is unclear.Oxford English Dictionary, Third edition, June 2000; online version June 2011

Figurative sense

The term "wreaker of mayhem" was, accurately, originally used for a person going on a

rampage Rampage may refer to: People * Rampage (rapper) (born 1974) * Quinton Jackson (born 1978; nicknamed "Rampage"), American mixed martial artist and actor * Randy Rampage (1960-2018), Canadian musician Arts, entertainment, and media Fictional chara ...

(onslaught) in the glorified setting of a just war theory">just war The just war theory () is a doctrine, also referred to as a tradition, of military ethics that aims to ensure that a war is morally justifiable through a series of criteria, all of which must be met for a war to be considered just. It has bee ...

. 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". There is also the term "general mayhem" which involves a lot of anti-social activities happening.