Homicide is a wide-ranging term that encompasses all kinds of one person killing another. Homicide can both be lawful and unlawful. Lawful homicide includes:
- State-sanctioned homicide: Capital punishment enacted by duly authorized persons.
- Lawful police and military actions: Actions following military rules of engagement and police standards for using deadly force.
- Justifiable homicide: Killing in self-defense.
- Excusable homicide: Accidental killing without unlawful intent.
On the other hand, unlawful homicide includes criminal homicide and negligent homicide. Let us look closely at each one and see how they differ from each other.
Criminal homicide
Criminal homicide is the worst form of homicide and carries the severest penalties. There are two kinds: murder and manslaughter.
Murder: Intentional killing of a person
- First-degree murder: Planned and deliberate killing of another.
- Second-degree murder: Intentional killing but not premeditated.
Manslaughter: Killing without intent
- Voluntary manslaughter: Killing in the “heat of passion,” otherwise known as a crime of passion.
- Involuntary manslaughter: Unintentional killing resulting from reckless or negligent actions.
Negligent homicide
Negligent homicide happens when someone causes the death of another person through criminal negligence. There is no intention to kill, but their careless or reckless actions led to the death of another person.
Vehicular homicide: A specific type of negligent homicide caused by someone operating a vehicle.
While negligent homicide and involuntary manslaughter may seem similar, the difference lies in the degree of awareness that their actions could lead to the death of other people. People who know their actions could lead to the death of others but do it anyway are liable for involuntary manslaughter.
Complexity of the law
Differing jurisdictions may use these terms interchangeably or apply different definitions or requirements for meeting each. These legal complexities mean that if you have killed someone, whether intentionally or unintentionally, justified or not, you need to consider consulting an attorney who can best advise you on the legal steps you can take to protect and defend yourself.
