Legal Definitions - criminal homicide

Criminal homicide refers to the unlawful killing of one human being by another. This legal term encompasses various types of killings that are considered crimes, ranging from intentional acts like murder to unintentional but reckless or negligent acts that result in death, such as manslaughter. It specifically excludes killings that are legally justified or excused, like self-defense under certain circumstances, or accidental deaths where no criminal culpability exists.

Here are some examples illustrating criminal homicide:

• Example 1: A person, harboring a grudge, waits for their neighbor to return home and then ambushes them, shooting them fatally. This scenario is a clear instance of criminal homicide because it involves the unlawful and intentional killing of one human being by another, which would typically be prosecuted as murder.

  Explanation: The act is unlawful because it violates laws against killing, and it is a homicide because one person caused the death of another. The intent to kill makes it a criminal act.

• Example 2: While driving significantly over the speed limit and texting, a driver loses control of their vehicle and collides with another car, killing its occupant. Even though the driver did not intend to kill anyone, their reckless and unlawful actions (speeding and distracted driving) directly caused the death, making it a criminal homicide, likely vehicular manslaughter.

  Explanation: The death resulted from the driver's unlawful and extremely negligent behavior, establishing the "criminal" element of the homicide. The lack of intent to kill does not negate the criminal nature of the act that led to death.

• Example 3: During a robbery of a convenience store, one of the robbers brandishes a firearm, which accidentally discharges, killing the store clerk. Even if the discharge was unintentional, the death occurred during the commission of a felony (robbery), making it a criminal homicide, often categorized under felony murder rules.

  Explanation: The killing occurred as a direct consequence of an unlawful act (the robbery). The law holds individuals accountable for deaths that occur during the commission of certain dangerous felonies, even if the killing itself was not intended, thus classifying it as a criminal homicide.