The killing of one human being by another Most serious of all acts Can be criminal or noncriminal Criminal Homicide: Murder = most serious form of CH Killing that is done with malice = having the intent to kill or seriously harm OR acting in a reckless manner which shows a lack of regard for human life Historical Context: Used to be no “degrees” of homicide; all homicides with malice were punishable by death
First Degree Murder: Killing that is premeditated, deliberate and done with malice *premeditation and deliberation can occur very close to the time of the homicide Second Degree Murder: Killing that is done with malice No premeditation or deliberation Intent to kill did not exist until the moment of the murder Intentional, but spontaneous killing that is unplanned
Felony Murder: Murder that occurs during commission of certain felonies (arson, rape, robbery etc…) Not necessary to prove intent to kill (malice) Malice is assumed b/c murder was committed during the felony…even if it was accidental *Most state consider felony murder to be first- degree murder even though malice, premeditation and deliberation do not need to be proved
Voluntary Manslaughter: Killing that would be considered murder, but victim did something to killer that would cause a reasonable person to lose self-control or act rashly Killing must occur just after the provokation Killer cannot have an opportunity to “cool down” Punished somewhat less harshly due to the “frailty of human character”
Involuntary Manslaughter: Unintentional Killing Results from conduct so reckless that it causes extreme death or bodily injury Ex: playing with a gun that is known to be loaded Negligent Homicide: Causing of death through criminal negligence Negligence = failure to exercise reasonable or ordinary amount of care in a situation that causes harm to someone Most Common: Vehicular Homicide Some states classify “gross or extreme” negligence as involuntary manslaughter
Killing that is justifiable or excusable Killer is deemed faultless Examples: Killing of an enemy soldier in wartime Killing condemned criminal by an executioner Killing by a police officer of a person who is committing a serious crime (must pose threat of death or serious harm/self-defense)