What Does Homicide Mean?
How Does the Law Define Homicide? What Are the Different Types of Homicide? What Defenses Are Available for a Homicide Charge?
The term “homicide,” derived from the Latin words homo (man) and cidium (the act of killing), is commonly used in the legal system to refer to a number of criminal acts, all of which involve one person causing the death of another. Most of what we understand as homicide requires an intentional act; however, a person also may commit a homicide through careless, negligent, or reckless behavior.
What Are the Different Types of Homicide?
Homicides generally fall into one of three categories:
- Murder—The most serious type of homicide, murder is characterized by what the law refers to as “malice aforethought.” Malice aforethought has been defined by courts to require the intention or desire to commit a criminal act. When it comes to homicide, the malice aforethought requirement can be met not only by an intention to kill but also by an intention to cause serious bodily injury or even a reckless disregard for the value of human life.
Most states make a distinction between “first-degree” and “second-degree” murder, with first-degree murder (the more serious charge), commonly requiring premeditation and deliberation. In essence, that means that there is evidence that the perpetrator planned or thought about committing the homicide beforehand and took steps to commit the crime. In those states that recognize second-degree murder, the charge requires an intentional act but not premeditation or deliberation.
In addition, most states have a charge called “felony-murder,” which applies to situations where a person brings about the death of someone while committing a felony. A person may be charged with felony-murder even if they had no intent to kill or cause bodily harm.
- Manslaughter—As defined under the law, manslaughter is an unlawful killing of another person without malice aforethought. Most states further define manslaughter as either
voluntary or involuntary. Voluntary manslaughter looks very much like murder, in that the person committing it may act with intent to kill or commit serious bodily harm. As a general rule, though, if the perpetrator acts “in the heat of passion” or as the result of an “irresistible impulse,” the law considers the crime to be less heinous. For example, a person may come home and find their spouse in bed with another person and may, in an emotional response, lash out and kill the spouse. Even though it may appear that they intended to cause physical harm or even death, the fact that the act was committed in the “heat of passion” will typically reduce the charge from murder to voluntary manslaughter.
- Negligent homicide—Referred to as involuntary manslaughter in some jurisdictions, negligent homicide refers to an unintentional killing, often during the commission of an act that constitutes criminal negligence. Customarily set forth by statute, criminal negligence may include certain driving offenses (DUI/DWI, speeding, texting while driving) or the negligent handling of firearms, among other offenses.
What Are the Potential Defenses to a Homicide Charge?
A person charged with any type of homicide crime may raise a number of potential defenses, some of which may lead to acquittal, and some of which may lessen the offense:
- Self-defense—The most common defense, this requires that the defendant reasonably acted out of a belief that they were in imminent danger of death or serious bodily harm.
- Defense of others—You can claim that a killing was justified because you reasonably believed that another person was in imminent danger of death or serious injury.
- Lack of intent—A murder charge may be reduced to manslaughter or even negligent homicide if you can prove that you had no intent to cause death or serious bodily harm.
- Lack of capacity—Murder generally requires an understanding of the potential consequences of your actions. Insanity, intoxication, duress, or coercion may either mitigate a charge or be the basis for a not guilty verdict.