Homicide Eliseo Lugo III

Criminal homicides Homicide is defined as the killing of one human being by another. Homicide may be either criminal or non-criminal Murder is the most serious form of criminal homicide. It is a killing that is done with malice. Malice is defined as the deliberate intent to harm someone. Many states classify murder according to the killer’s state of mind or the circumstances surrounding the crime.

A killing that is premeditated, deliberate, and done with malice. First degree murder A killing that is premeditated, deliberate, and done with malice.

Second degree murder A killing that is done with malice but wothout premeditation or deliberation. The deiiference between 1st degree murder and 2nd degree murder is that in 2nd degree murder, the intent to kill did not exist until the moment of the murder. It includes intentional killings that are unplanned.

Felony murder Any killing that takes place during the commission of certain felonies such as arson, rape, robbery, or burglary. It is not necessary to prove that the person intended to commit the murder; only that the homicide occurred during the felony, even if the death is accidental.

Voluntary manslaughter A killing that occurs after the victim has done something to the killer that would cause a reasonable person to lose self control or act irrationally. The killing must occur immediately following the provocation so that the killer does not have a time period to “ cool off”

Involuntary manslaughter The unintentional killing resulting from conduct so reckless that it causes extreme danger or bodily injurt.

Negligent homicide The causing of death through criminal negligence. Negligence is the failure to exercise a reasonable or ordinary amount of care in a situation that causes harm to someone. The most common form is vehicular homicide.

Non-criminal homicides The following are homicides that are not crimes. Non- criminal homicide is the killing of another person that is justified or excusable and the killer is not considered guilty of any crime. 1. The killing of an enemy soldier in wartime. 2. The killing of a condemned criminal by an executioner 3. The killing by a police officer of a person who is committing a serious crime and who poses a threat of death or serious harm. 4. A killing performed in self-defense or in defense of another.