I'm a little amused and a little concerned by this whole conversation (I've been up since 4:00am so maybe I'm starting to get delirious though).
My personal thoughts on the matter are that if you were to kill someone by magical means, karmic law would kick your ass well and truly before any justice system would or could.
I think the OP's question is interesting but at the same time the continuing thread was unnecessary because it was answered within the first 2-3 replies - inviting the legal system to allow the punishment of spellcasters is Salem and other historic witchhunts all over again. To allow the punishment of someone who supposedly cast a spell of death upon someone, you would have to allow punishment of all spellcasting which has an unwarranted negative affect on another person - I have no issue with people being punished for using such spells (and I repeat, the Universe would take care of that); the problem lies as to where the evidence is and how exactly would you prove that event took place at all?
As far as the belief in magic or if magic even works, that doesn't even really matter. If I do a spell and it works for me, but you don't see the results yourself, does that mean the spell isn't real? Like Mongo said, there's no measuring stick (yet) for magic or some forms of energy; we can't see, hold, hear or feel magic in a scientific sense. Until we can, there's no proof that it does or doesn't exist (a bit like deity, really). Until there's tangible, measurable proof, you can't use that against someone in a court of law.
And now I'm going back to bed...
