Homicide
Homicide, in law, any killing of one person by another. The word is from the Latin, and means “man-killing.” Homicide may be felony (a crime) or may be justifiable or excusable. When homicide is a felony it is called either murder or manslaughter. The distinction between these various kinds of homicide is sometimes difficult to determine.
MurderMurder is defined as a willful killing with malice aforethought. Willful means “intentional,” and thus distinguishes murder from homicide caused by a negligent act. The intent, however, need not be the killing of another. It might be to inflict serious injury, or to commit a robbery, rape, or some other criminal act. Thus, a robber who hits someone over the head is guilty of murder if the victim dies—even though the robber did not intend to kill the victim.
Malice aforethought is a legal phrase indicating a “wicked purpose” on the part of the murderer. The words do not necessarily imply that the slayer decided to kill before actually committing the act. They mean that the murderer's intentions were wicked at the time of the killing. Malice is the legal concept that mainly distinguishes murder from other forms of homicide, because it defines the nature of the slayer's purpose.
Many states distinguish between murder in the first degree and murder in the second degree, according to the seriousness of the crime. Murder in the first degree is a calculated act, one planned beforehand. Murder in the second degree is unplanned, usually occurring in the heat of passion, or in the course of a quarrel or brawl. Where the distinction exists, the law provides for a more severe penalty for first-degree than for second-degree murder.
ManslaughterManslaughter is homicide committed without justification or excuse, but without malice aforethought. Many states define different degrees of manslaughter, the distinction usually being between voluntary and involuntary manslaughter.
Voluntary manslaughter is an intentional homicide committed in sudden passion under strong provocation. The provocation must be such as to excite passion in a reasonable person and to cause that person to act rashly and without reflection. Involuntary manslaughter is a homicide without intent, and may result from extreme negligence on the part of the slayer or from the commission of a minor crime (such as a riot). A person may commit involuntary manslaughter by reckless operation of an automobile.
The usual penalty for involuntary manslaughter is a short imprisonment; the penalty for voluntary manslaughter is more severe. Sometimes juries give a manslaughter verdict out of sympathy for the accused when the evidence would support a murder verdict.
Other Forms of HomicideHomicide may be justifiable or excusable. Justifiable homicide is the necessary killing of another in the performance of a legal duty, or in the exercise of a legal right. The person who kills is held to be not at fault legally. A police officer may kill, if necessary, to prevent the commission of a crime, to suppress a riot, to prevent the escape of a prisoner, or to take a person who resists arrest. Any person may kill in self-defense (when it was the other party that initiated the attack) or to prevent murder or some other serious crime. Such homicide is not legally punishable.
Excusable homicide is not justifiable but is excused because of circumstances, and is not legally punishable. The most common example is an accidental killing where there is no intent, such as in a hunting accident or sports event. Another example is a killing in self-defense in a brawl; the slayer is held partly at fault for being in the brawl. Negligence may be involved in excusable homicide but not gross (criminal) negligence.