Legal Definitions - homicide

Homicide refers to the act of one human being causing the death of another human being.

It is crucial to understand that while all murders are homicides, not all homicides are considered criminal offenses. The law categorizes homicides based on the intent of the person who caused the death and the circumstances surrounding the event. These categories determine whether a homicide is a crime and, if so, the severity of the charge.

• Criminal Homicide: This occurs when a person unlawfully causes the death of another. It includes:
  • Murder: Typically involves the intentional killing of another person, often with premeditation (planning) or a malicious state of mind. Laws often divide murder into different "degrees" based on factors like planning, intent, and cruelty.
  • Manslaughter: Involves causing another person's death without the same level of intent or malice as murder. This can happen due to reckless behavior, in the heat of passion, or during an unlawful act that wasn't intended to be fatal.
  • Felony Murder: A specific type of murder where a death occurs during the commission of certain dangerous felonies (like robbery or arson), even if the person charged did not directly intend or cause the death.
• Non-Criminal Homicide: These are deaths caused by another person that are considered lawful and do not result in criminal charges. This category often includes:
  • Justifiable Homicide: Occurs when a person uses deadly force to protect themselves or others from serious harm or death, or in certain situations by law enforcement officers in the line of duty.
  • Excusable Homicide: Refers to deaths that occur purely by accident, without any fault or negligence on the part of the person who caused the death.

The specific definitions and legal consequences of different types of homicide can vary significantly depending on the jurisdiction (e.g., state or country) where the death occurred.

Here are a few examples illustrating different types of homicide:

• Example 1: A disgruntled former employee, Mark, spends weeks meticulously planning to ambush his previous boss, Sarah, outside her office building. He waits for her, confronts her, and then intentionally shoots her, causing her death. This act is a homicide because Mark caused Sarah's death. Given the clear intent and premeditation, this would likely be classified as murder, specifically a form of criminal homicide.

• Example 2: During a heated argument at a bar, David shoves Michael, who then falls backward, hits his head on the concrete floor, and dies instantly. David did not intend for Michael to die, but his aggressive action directly led to Michael's death. This is a homicide because David's actions caused Michael's death. Since there was no intent to kill but the death resulted from David's unlawful physical action, this scenario would likely be classified as manslaughter, a form of criminal homicide with less culpability than murder.

• Example 3: While walking home late at night, Emily is suddenly attacked by an assailant who threatens her with a knife. Fearing for her life, Emily manages to grab a heavy object from her bag and strikes the assailant in self-defense, causing a fatal injury. This is a homicide because Emily caused the death of another person. However, because she acted to protect herself from imminent deadly harm, her actions would likely be considered justifiable homicide, meaning it is a lawful act and not a criminal offense.