Homicide is when a person kills another but is it any different from murder and manslaughter? Read this article to find out all about “what is homicide?” and its various types in detail.
Since the dawn of time, humans have been killing one another. It’s like we are genetically predisposed to violence. Among all mammals, humans can be one of the most ruthless killers. This brutal reality couldn’t be more horrifying and far from the truth; we put on a facade of being a civilized society when we are really not.
In the last few decades, the number of killings has skyrocketed. Every other day, we hear the unfortunate news of someone getting killed. Most of the time, people hear the word “killing” and associate it with murder. Similarly, many hear “homicide” and typically think of it as a murder or manslaughter, but it is not always necessarily the case; a homicide could be either of them. In the easiest words possible, a homicide occurs when one human takes the life of another. However, depending on the context, some are unlawful while others are legitimate.
Different regions have different understandings regarding what falls under the category of homicide. What might be considered homicide in the United States might not be one in England; you get the gist. In short, there are different rules and regulations in different parts of the world.
To eliminate any confusion about what homicide is and what is not, we’ve written this article for you. By the end of it, you would better understand the term “homicide” and how it relates to other lawful killings and crimes such as murder and manslaughter.
What is homicide?
As stated above, the action of a person killing another is known as homicide. The term comes from the Latin word “homicida” which means “to kill a man.” In a homicide, the intent or circumstances doesn’t matter. At the end of the day, a human loss regardless of the context would be deemed as a homicide; however, there is further variation.
A homicide could occur due to a justifiable, reckless, accidental, negligent, or intentional act. The best way to classify is to divide it into lawful and unlawful categories, which determines whether the homicide is a crime or not.
Here’s an example:
An armed robber killing a bank teller during a heist would be considered a homicide and a murder as well. Whereas, self-defense where a man kills someone who is harming him would be a justifiable homicide.
To help you better understand this classification, let’s discuss some common types of homicide, which mostly include murder, manslaughter, and justifiable or lawful homicide.
What is murder?
Murder is a type of homicide, which means intentionally taking a human life.
For a homicide to be classified as a murder, it must include the following criteria:
- It must be intentional and not accidental
- It must be unlawful
- It must be carried out “malice aforethought.”
Malice aforethought is a mens rea (a criminal intent) and premeditation to commit a crime that indicates:
- Intent to kill
- Intent to inflict severe physical harm
- Apathy toward human life
- Intent to carry a grave felony.
A murder is further classified into the following different types of murder:
First-degree murder
A first-degree murder is intentional premeditated killing, where the defendant thoroughly plans the crime to harm the victim. Penalties include imprisonment up to 30 years or a life sentence without any possibility of parole, or the death penalty.
For instance, a man stalks a woman for days to know her daily routine, kidnaps her, and then kills her – here the man will be charged with first-degree murder.
Capital murder is a type of first-degree murder that involves elements that makes the crime more appalling and heinous. A perpetrator could be charged with capital murder when:
- Killing a fireman or policeman on duty
- Killing an individual during a burglary, kidnapping, or sexual assault
- Killing an individual during a prison escape
- Killing an individual while serving the charge of murder or other aggravated crimes
- Killing fueled by hate towards a particular race or nationality
- Killing for reward
- Killing a child below 10 years of age.
Charge for capital murder is the death sentence but as many states have been abolishing the death penalty, the punishment is replaced by life incarceration.
Second-degree murder
A second-degree murder is intentional killing but not premeditated, where the defendant doesn’t plan the crime but intends the victim to die. Penalties could include up to 15 to 30 years to life in prison, with or without the right to parole.
Oftentimes, second-degree murders occur due to crimes committed in the “heat of passion” governed by sufficient provocation. An example would be the defendant opening fire on a crowd in a rage; consequently, killing an individual.
In most states, second-degree murder is considered a felony.
What is manslaughter?
Manslaughter is a type of homicide, which means intentionally or unintentionally taking a human life through reckless behavior. It is one of the most frequently occurring homicide charges.
Penalties for manslaughter vary from imprisonment to community service and fines, depending on whether the crime was voluntary or involuntary.
Voluntary manslaughter
Voluntary manslaughter is defined as killing an individual without any involvement of malice. The crime could be committed in the “heat of passion”; the element of malice is what differentiates it from second-degree murder. For example, an individual kills their spouse when they discover them cheating.
Involuntary manslaughter
Involuntary manslaughter is defined as a death occurring due to someone’s recklessness and carelessness, without any intention to harm others. It may include death due to:
- Accidentally opening a fire
- Medical malpractice
- Forcing excessive labor on employees
- Someone’s aggressive pet attacking another
- Performing duties with criminal neglect
What is justifiable homicide or lawful homicide?
A justifiable or lawful homicide is when a person kills another in self-defense or other circumstances that fall under legitimate jurisdiction such as a policeman killing an armed man in a shootout. In most of these situations, no criminal charge is filed for the homicide, depending on the area’s law.
Following are some of the defenses to homicide that makes it justifiable:
Self-defense
The right for self-defense when necessary is the right for a person to use reasonable – or even deadly – force to defend their own or others’ lives. In such circumstances, the homicide would not be criminally prosecuted.
Mental impairment and mental disorder
If a mentally impaired individual commits a homicide, they would not be charged for it – especially with the death penalty. Similarly, severe mental disorders that may hinder an individual’s cognitive functioning can be a defense to a homicide or murder. During the trial, the mental health of the defendant is taken into account before sentencing; however, there must be solid evidence proving the mental disorder. Sometimes, someone mentally incompetent can get a reduced sentence. Most of the time, defendants deemed not guilty are administered to mental rehabilitation centers, instead of being released.
Infancy defense
Children or teenagers committing a crime cannot be liable for homicide, and a juvenile court handles their cases. In extremely serious homicide cases, older minors might be charged with criminal responsibility.
Lawful privilege
A killing would not be considered a homicide if it involves a lawful privilege; for instance, a soldier killing an individual during a battle or a police officer killing a dangerous perpetrator to ensure others’ safety.
Other types of homicide
Besides murder, manslaughter and justifiable killings, here are a few other types of homicides:
What is vehicular homicide?
Vehicular homicide, or better known as vehicular manslaughter, falls in the category of involuntary manslaughter. It is the criminal act of negligently and recklessly taking a life due to illegal driving of a vehicle, which includes unlawful speeding, gross negligence, and drunk driving.
In most states, negligent driving brings an involuntary manslaughter charge. Negligent driving is when a driver’s inattention, carelessness or recklessness results in a fatality of a bystander, pedestrian, or other drivers.
Loss of life due to drunk driving also results in an involuntary manslaughter charge. The driver could be driving under the influence of alcohol or other intoxicants – sometimes even the prescribed drugs – which can be proved through eye witness testimony, chemical evidence such as blood tests and breath or urine examinations, and self-incriminating disclosure. Drivers with a blood alcohol of 0.07 or higher level are considered under the influence.
Gross criminal negligence results in a more severe charge as compared to plain negligence. It involves turning blind eye to others’ safety, failing to follow road laws, high speeding under intoxication, and fleeing the site after being involved in an accident.
Vehicular homicide is relatively new to the classification of homicide; before that, death at the hands of irresponsible drivers was mostly charged with manslaughter. Punishment depends on the severity of the crime and the state’s laws. If there is meager negligence involved, the driver might face a misdemeanor such as 12-15 months of jail time and a penalty.
What is double homicide?
A double homicide is when two victims are killed by one person. Similar to a singular homicide, the double homicide will be ruled as either a justifiable killing, murder or manslaughter, depending on the circumstances. If proven to be criminal, the double homicide is prosecuted, where the defendant would be charged with two homicides – or murder or manslaughter – instead of a single charge for two deaths.
Even though a double homicide could be justifiable as per the law; however, in most cases, it is associated with malice aforethought. It can also be related to murder-suicide instances, where the defendant commits suicide following the killing of two victims; this could be either due to the crime’s severity or fear of punishment.
In many states, legislation has passed laws regarding fetus homicide; therefore, killing a pregnant woman and her unborn child is also considered a double homicide.
What are the effects of homicide on society?
With each passing day, the number of crimes committed has been increasing. Homicide is one of the crimes that is most common and well known, and a contributor to the rising crime harm. Crime harm can be referred to as the negative effects of a crime on an individual and society as a whole. It may include physical harm, financial loss, mental and emotional harm, etc.
If someone is a direct victim of homicide, they experience fatality, but that’s not where it ends; the impact of a homicide extends to familial, community, institutional, and societal levels. The victim’s family may go through grave mental disturbances including post-traumatic stress disorder, which can further intensify during the justice-seeking period.
Communities also feel unsafe if homicides frequently happen, affecting the neighborhood environment.
On an institutional level, homicides affect the government, businesses, and other organizations, experiencing financial losses.
Homicide impacts the overall society and its people as well. It brings about several psychological implications that can hinder the growth of society. It could also give birth to antisocial behavior, which could increase crime and delinquency rates.
Frequently Asked Questions (FAQs) about homicide
What is the difference between homicide and murder?
Homicide is the killing of a human being by another. It could either be intentional or unintentional. If the killing is intentional and carried out with malice, it is a murder.
What is the difference between murder and manslaughter?
There are different types of homicide, which include murder and manslaughter. Both the categories may seem similar but differ a lot, and are punished accordingly. A murder is when a killing involves intent and malice; it could also be planned or unplanned, depending on the degree of the murder. In contrast, manslaughter does not include malice or premeditation but is unintentional or accidental homicide.
How do first-degree murder and second-degree murder differ from each other?
Murder is the act of intentionally taking life and involves the element of malice. It has different degrees, including first-degree and second-degree murders. In a first degree-murder, there must be intent to harm another and the crime must be premeditated by the accused. In a second-degree murder, there is an intent present but it is unpremeditated; the accused might commit the crime in the heat of anger.
Examples of a first-degree murder:
- Killing an individual during committing an aggravated felony
- Killing an individual while torturing them
- Killing an individual via poison or a weapon of mass destruction
Examples of a second-degree murder:
- Killing an individual after shooting them out of anger
- An individual being killed while getting physically beaten
What is the punishment for homicide?
Punishment for homicide depends on whether the homicide is considered a crime or not. If someone kills another due to valid self-defense, mental insanity, or under lawful conditions, there would be no criminal prosecution.
If the homicide is murder or manslaughter, there are different punishments for it. The former involves charges such as imprisonment and a death penalty, whereas the latter includes imprisonment, monetary penalty, and community service.
What is the punishment for murder?
Punishment for murder varies depending on jurisdiction and the type and severity of the murder. Mostly, the charge for murder is long years of imprisonment, including a life sentence.
In general, a first-degree murder charge includes up to 30 years of jail time, a life sentence, or a death sentence. Imprisonment could be with or without any possibility of parole.
A second-degree murder charge includes 15 to 30 years of jail time, either with or without parole.
If a first-degree murder includes aggravated assault or felonies, then it is punishable by life imprisonment or death penalty.
It is important to note that different states have different laws. Few states have abolished the death penalty, replacing it with a life sentence.
What is the punishment for manslaughter?
Punishment for manslaughter is less severe than murder, but it also varies depending on the area’s law. Charges for manslaughter range from imprisonment to community service and fines. A defendant convicted of involuntary manslaughter is less likely to receive jail time as compared to voluntary manslaughter. Maximum imprisonment tends to be from 10 to 15 years. In most cases, jail time can be lessened, by granting parole.
Is killing for self-defense considered a murder?
An individual killing another in order to protect one’s own life or other lives is a homicide but not a crime; hence it is not prosecuted as murder. Under the law, killing for self-defense is justifiable and lawful.
What defenses can be used for murder?
If someone is wrongfully convicted of first- or second-degree murder, they might assert the following defense strategies, if applicable:
- Mistaken identity victim
- Compromised forensic evidence
- Coerced confessions
- Accidental killing
- Killing in self-defense
- Mentally unstable
What is the difference between genocide and homicide?
Homicide is the killing of one person by another; genocide is a crime that is committed against a specific group of people with the intent of eradicating them. The perpetrator can be a country, company or terrorist organization.
As per United Nations’ definition, genocide is the intentional act to wholly or partially destroy a national, racial, religious, or ethnical group, which may include:
- Systematically killing the group members
- Causing severe harm – bodily or mental — to the group members
- Imposing such conditions which prevent births in the group
- Forcibly transferring the group’s children to another
- Deliberately making life conditions harsher for the group
Even though genocide involves the aspect of killing a human being, it is a complex term, whereas homicide is a much broader term. The former is more egregious as it happens on a larger scale, targeting groups and communities.
Punishment for homicide depends on whether it is intentional, unintentional or justified. To determine whether the crime committed against a group is genocide, criminal trials in international courts take place. Conspiring, provoking, and attempting to commit genocide — all of these are punishable offenses.
What can you do if you are wrongfully accused of a criminal homicide?
There are times when a person can be wrongfully accused of a criminal homicide due to:
- Mistaken identity
- False accusation
- Misleading and tempered forensic evidence
- Law enforcement misconduct
If you — or anyone you know — is accused of a crime you didn’t commit, here’s what you must do:
- Hire a reputed defense lawyer
- Have your lawyer conduct a pre-file investigation
- Charge the accuser with misconduct
- File a malicious prosecution civil suit
Final thoughts
Loss of life can be brutal; the pain it brings to the victim’s family and peers is unimaginable. In legal terms, the act of a human killing another is referred to as a “homicide.” However, there are different types of homicide; it could be criminal or non-criminal.
A non-criminal homicide involves lawful killings, killing in self-defense, or killings by a minor or a mentally impaired person. In comparison, criminal homicides refer to murder and manslaughter. The major difference between murder and manslaughter is the involvement of intent and malice.
The former must include malice, premeditated, and intent to kill; the latter could be a consequence of accidental and reckless behavior. The punishment for criminal homicide varies from jurisdiction to jurisdiction.
Eradicating homicide in society may be a difficult task but we can hope that fewer and fewer people go through it, and that the victims, survivors and their loved ones do not have to go through the agony and suffering homicide inflicts.
