Fratricide - The 'Cain and Abel' Crime

What is fratricide? It refers to an individual who commits murder wherein  the victim is his/her brother. The term is also commonly used in military context as friendly fire. Friendly fire occurs when a combatant advertently or inadvertently kills another person belonging to the same group. The killing of an ally may be penalized depending on the intent and manner. There are several cases of fratricide throughout the years wherein some individuals have been sentenced with capital punishment or the death penalty.

How Courts See Fratricide

Fratricide will be discussed and penalized according to the degrees and statutes of murder. Since the offender has a close relationship with the victim, the court has to clearly see the intent and the reason of the action. If the act was done with premeditation, for example, in order to gain property or inheritance then the crime can be categorized as first degree murder. Mitigating circumstances can also be considered in cases of self-defense, frustrated murder and the like.

Accidental and Intentional Fratricide

Accidental friendly fire incidents are not an uncommon scene. These usually occur when allies get confused or follow wrong orders thereby causing death. There have been several recordings of air strikes within friendly perimeters and militia firing at one another due to the very same reasons mentioned. Penalties and sanctions for accidental friendly fire will be given to the persons involved under due process and legal hearing.

Intentional friendly fire incidents are more atypical. The intent may be deemed necessary or unnecessary. Since the battleground is always unpredictable and may require specific strategies for the benefit of the majority, there may be actions that call for the intentional killing of an ally.

For example, there have been cases of militia experiencing psychological stress during actual encounters wherein the disturbed individuals put other allies at risk with reckless actions. Allies will have to disable or put the disturbed individual down to minimize the risk of sacrificing more combatants. Unnecessary intentional friendly fire is a serious crime and can be linked with conspiracy, rebellion and capital murder.

Penalties for Fratricide

The law strictly prohibits murder and that clearly includes fratricide. In the case of military friendly fire, there are different statutes indicating that combatants are personnel of war and casualties are expected in any dire situation. However, the reason for the casualty must be clearly specified in order to provide due compensation or penalties for any mischievous acts involved with the demise or injury of a combatant.

A fratricide offender can be penalized with fines and imprisonment. Fines and range from $100,000 to $1,000,000 and the offender can be sentenced to imprisonment from five years to a lifetime. Depending on the state or nation, if the act was proven and categorized as first degree murder, the death penalty can be issued.

Friendly fire offenders, if accidental will be sanctioned by a court martial. Penalties may be in fines, imprisonment, demotion or revocation of military license. Intentional friendly fire penalties are graver and may be in huge fines and long jail time. Fines can range from $500,000 to $5,000,000 and jail time can last from ten years to a lifetime. The death penalty can also be imposed.

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