Lably
Skip to content

Homicide

Killing of a human by another human

  • 12 min read
  • 3 chapters
Cain Slays Abel , 1866, Gustave Doré
Gustave Doré · Public domain

Related on Lably

Through Capital punishment, Crime and State (polity)

Homicides can be divided into many overlapping legal categories, such as murder, manslaughter, justifiable homicide, assassination, killing in war (either following the laws of war or as a war crime), euthanasia, and capital punishment, depending on the circumstances of the death. These different types of homicides are often treated very differently in human societies; some are considered crimes, while others are permitted or even ordered by the legal system.

Criminality

Criminal homicide takes many forms, including accidental killing and murder. Criminal homicide is divided into two broad categories—murder and manslaughter—based upon the state of mind and intent of the person who commits the homicide.

A report issued by the United Nations Office on Drugs and Crime in July 2019 documented that nearly 464,000 people around the world were killed in homicides in 2017, a number significantly in excess of the 89,000 killed in armed conflicts during the same period.

Murder

Murder is the most serious crime that can be charged following a homicide. In many jurisdictions, murder may be punished by life in prison or even capital punishment. Although categories of murder can vary by jurisdiction, murder charges fall under two broad categories, or degrees:

  • First degree: The premeditated, unlawful, intentional killing of another person.
  • Second degree: The intentional, unlawful killing of another person, but without any premeditation.

In some jurisdictions, a homicide that occurs during the commission of a dangerous crime may constitute murder, regardless of the actor's intent to commit homicide. In the United States, this is known as the felony murder rule. In simple terms, under the felony murder rule a person who commits a felony may be guilty of murder if someone dies as a result of the commission of the crime, including the victim of the felony, a bystander or a co-felon, regardless their intent—or lack thereof—to kill, and even when the death results from the actions of a co-defendant or third party who is reacting to the crime.

Preterintentional killing

The preterintentional killing occurs when a person, with actions aimed at hitting or harming, unintentionally causes the death of a person: the agent will be liable for objective responsibility (or fault, for the laws that require it) for the death event.

Manslaughter

Manslaughter is a form of homicide in which the person who commits the homicide either does not intend to kill the victim, or kills the victim as the result of circumstances that would cause a reasonable person to become emotionally or mentally disturbed to the point of potentially losing control of their actions. The distinction between murder and manslaughter is sometimes said to have first been made by the ancient Athenian lawmaker Draco in the 7th century BC. The penalty for manslaughter is normally less than the penalty for murder. The two broad categories of manslaughter are:

  • Voluntary manslaughter: the intentional, unpremeditated killing of another person as the result of a disturbed state of mind, or heat of passion.
  • Involuntary manslaughter: the unintentional killing of another person through an act of recklessness that shows indifference to the lives and safety of others, or an act of negligence that could reasonably be foreseen to result in death. The act that results in death may be intentional, such as pushing somebody in anger, but their death (such as by their subsequently falling, striking their head, and suffering a lethal head injury) is not.

Another form of manslaughter in some jurisdictions is constructive manslaughter, which may be charged if a person causes a death without intention but as the result of violating an important safety law or regulation.

Lawful excuse

Not all homicides are crimes, or subject to criminal prosecution. Some are legally privileged, meaning that they are not criminal acts at all. Others may occur under circumstances that provide the defendant with a full or partial defense to criminal prosecution. Common defenses include:

  • Self-defense: while most homicides by civilians are criminally prosecutable, a right of self-defense (often including the right to defend others) is widely recognized, including, in dire circumstances, the use of deadly force.
  • Mental incapacity: A defendant may attempt to prove that they are not criminally responsible for a homicide due to a mental disorder. In some jurisdictions, mentally incompetent killers may be involuntarily committed in lieu of criminal trial. Mental health and development are often taken into account during sentencing. For example, in the United States, the death penalty cannot be applied to convicted murderers with intellectual disabilities.
  • Defense of infancy – Small children are not held criminally liable before the age of criminal responsibility. A juvenile court may handle defendants above this age but below the legal age of majority, though because homicide is a serious crime some older minors are charged in an adult justice system. Age is sometimes also taken into account during sentencing even if the perpetrator is old enough to have criminal responsibility.
  • Justifiable homicide or privilege: Due to the circumstances, although a homicide occurs, the act of killing is not unlawful. For example, a killing on the battlefield during war is normally lawful, or a police officer may shoot a dangerous suspect in order to protect the officer's own life or the lives and safety of others.

The availability of defenses to a criminal charge following a homicide may affect the homicide rate. For example, it has been suggested that the availability of "stand your ground" defense has resulted in an increase in the homicide rate in U.S. jurisdictions that recognize the defense, including Florida.

Sign in to keep reading

2 more chapters are free with a Lably account.

More in Law