Gavin Howe
Homicide is a legal term for the killing of a human being by another human being. It covers lawful and unlawful killings and is only a crime when committed without legal justification or excuse. Criminal homicide is divided into two broad categories: murder and manslaughter. At common law, murder is defined as the unlawful killing of another with malice aforethought, while manslaughter involves some sort of provocation, negligence, or recklessness.
| Characteristics | Values |
|---|---|
| Homicide | A legal term for any killing of a human being by another human being |
| Homicide classification | Lawful or unlawful |
| Unlawful homicide | Murder, manslaughter, criminal negligent homicide |
| Murder | Unlawful killing of another with malice aforethought |
| Malice aforethought | Exists if a defendant intends to kill someone without legal justification or excuse |
| Manslaughter | Voluntary or involuntary |
| Voluntary manslaughter | Intentional, unpremeditated killing of another person as the result of a disturbed state of mind, or heat of passion |
| Involuntary manslaughter | Unintentional killing of another person through an act of recklessness or negligence |
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What You'll Learn
Murder: unlawful killing with malice aforethought
Homicide is a legal term for any act in which one human being causes the death of another. Homicide is not always unlawful; it can be justified in certain circumstances, such as self-defence, military action, or a law enforcement officer's use of force. Criminal homicide, on the other hand, is punishable under the law and can be classified as murder, manslaughter, or criminal negligent homicide.
Murder is a category of unlawful homicide. At common law, murder is defined as the unlawful killing of another human being with malice aforethought. Malice aforethought is a legal term that does not necessarily imply that the killer acted out of spite or hate. Instead, it means that the defendant intended to kill without legal justification or excuse. This intent can be demonstrated through an affirmative act, such as poisoning or shooting, or an omission, such as starvation.
The Model Penal Code has moved away from the traditional common law approach, which focused on malice. Under the Model Penal Code, murder constitutes the purposeful or knowing killing of another human being or killing another under circumstances showing extreme recklessness.
The felony murder rule is another aspect of murder under common law. This rule states that if someone commits one of the jurisdiction's specified felonies, such as arson, burglary, rape, or robbery, and someone dies as a result, the person is guilty of murder. The felony murder rule is controversial because it does not require proof of the defendant's "malice aforethought". Instead, the accused's intent to commit the felony is transferred to the resulting homicide.
In summary, murder under common law refers to the unlawful killing of another human being with "malice aforethought". This term, "malice aforethought", is a key element that distinguishes murder from other forms of homicide, such as manslaughter, and carries harsher penalties.
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Manslaughter: intentional killing without premeditation
Homicide is a legal term for any act in which one human being causes the death of another. It covers lawful and unlawful killings—homicide is only a crime when committed without a legal justification or excuse.
Criminal homicide is divided into two broad categories: murder and manslaughter. Murder is an unlawful homicide committed with "malice aforethought". Malice aforethought does not require the killer to have acted out of spite or hate; it exists if a defendant intends to kill someone without legal justification or excuse.
Manslaughter is a form of homicide in which the person who commits the homicide either does not intend to kill the victim, or kills the victim as a result of circumstances that would cause a reasonable person to become emotionally or mentally disturbed to the point of potentially losing control of their actions. The penalty for manslaughter is normally less than the penalty for murder.
Voluntary manslaughter is the intentional, unpremeditated killing of another person as the result of a disturbed state of mind, or "heat of passion". At common law, voluntary manslaughter is defined as the intentional killing committed in "sudden heat of passion" as a result of "adequate provocation". Acting in the heat of passion means acting under the influence of intense emotion such as fear, jealousy, or desperation instead of acting under reason. To satisfy the element of manslaughter, the defendant must have acted in the heat of passion at the moment of the homicide. It is up to the jury to determine what constitutes adequate provocation, but they are typically instructed to apply an objective "reasonable person" standard. In most jurisdictions, words are never adequate provocation. There must be a causal link between the provocation, passion, and homicide.
Involuntary manslaughter is a common-law offence of killing either through recklessness, but without an extreme indifference to human life, or through gross negligence. It requires either recklessness by consciously disregarding a substantial and unjustifiable risk to human life or gross negligence in failing to be aware of a substantial and unjustifiable risk to human life and committing an act exhibiting a callous disregard for human life. One commits involuntary manslaughter when they kill another through a gross deviation from the standard of care that reasonable people would exercise in that situation.
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Voluntary manslaughter: committed in the heat of passion
Voluntary manslaughter is the unlawful killing of another person without malice aforethought. This typically occurs in the heat of passion or during a sudden quarrel. The heat of passion defence argues that the defendant acted not out of a deliberate intent to kill but in a spontaneous reaction to a provocation so intense that it caused them to lose self-control.
Acting in the heat of passion means acting under the influence of intense emotions such as fear, jealousy, or desperation instead of acting under reason. The defendant must have been in a state of extreme emotional disturbance or agitation, with no premeditation to commit murder. The absence of premeditation lessens the severity of the criminal charge.
The heat of passion defence is not a "get out of jail free" card. Even if the defence is successful, the defendant will still likely be charged with voluntary manslaughter and quite possibly convicted. This is because, by definition, the defendant must admit to the killing.
For the heat of passion defence to be successful, it must be proven that there was an immediate provocation and that the person acted in response without sufficient time for their passion to cool down. The specific provocative act is not required. A typical example of a heat-of-passion argument is when a man arrives home to find his wife with another man and becomes so emotionally enraged that he kills them both. In this example, he might be able to claim heat of passion and have the murder charges reduced to voluntary manslaughter.
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Involuntary manslaughter: unintentional killing through recklessness
Involuntary manslaughter is a common law offence of killing either through recklessness, but without an extreme indifference to human life, or through gross negligence. It is a less serious form of homicide than murder and involves a lower degree of culpability by a defendant. Involuntary manslaughter generally occurs when someone unintentionally causes another person's death through an unlawful act.
Involuntary manslaughter can be defined as a homicide that would otherwise be murder committed under the influence of extreme mental or emotional disturbance for which there is a reasonable explanation or excuse. The reasonableness of such an explanation or excuse is determined from the viewpoint of a person in the actor's situation under the circumstances as they believe them to be. For example, a defendant may be charged with involuntary manslaughter if they failed to do something that they should have done, and this caused someone's death. This could include a daycare worker who leaves a toddler unattended near a swimming pool despite knowing that they cannot swim. The worker's negligence in failing to supervise the child might support an involuntary manslaughter charge.
Involuntary manslaughter involves a significant deviation from the standard of care that a reasonable person would have met. Courts sometimes describe recklessness as consciously disregarding a risk, and negligence as unreasonably failing to recognize a risk. The line between the two is blurred, and the definitions of these terms vary. Recklessness in the context of involuntary manslaughter can be understood as requiring either a conscious disregard of a substantial and unjustifiable risk to human life or gross negligence in failing to be aware of such a risk.
In some jurisdictions, involuntary manslaughter may be charged when a death occurs during the commission of a misdemeanour. This is sometimes known as the "misdemeanour-manslaughter" rule, which parallels the felony murder rule. For example, a construction foreman who orders his crew to dismantle scaffolding without ensuring proper safety measures, despite being aware of strong winds, may be charged with involuntary manslaughter.
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Criminal homicide: murder, manslaughter, or criminal negligent homicide
Criminal homicide is divided into the two broad categories of murder and manslaughter. At common law, murder is defined as the unlawful killing of another with malice aforethought. This means that the perpetrator had the specific intent to cause the death of the victim. For instance, if you only intended to cause grievous bodily harm but actually killed someone, it is still considered murder.
Manslaughter, on the other hand, is the unintentional killing of another person. This means that the perpetrator did not intend to kill the victim, but their actions or negligence resulted in the victim's death. Voluntary manslaughter is a type of homicide that meets the "purpose" or "knowing" levels of intent but does not rise to the level of murder because it is committed in the heat of passion. It is typically considered a serious felony and is punished accordingly. Involuntary manslaughter, on the other hand, occurs when the perpetrator engages in dangerous or illegal activity that causes the death of another through recklessness or gross negligence.
Criminally negligent homicide, also known as involuntary manslaughter in some jurisdictions, is a less serious offence than murder or manslaughter. It involves criminal negligence resulting in the death of another person. This means that the perpetrator did not have the specific intent to kill the victim, but their actions or negligence caused the victim's death. An example of criminally negligent homicide is causing death while driving under the influence, which is typically punished as a serious felony.
How Common Law Was Established
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Frequently asked questions
Homicide is a legal term for any act in which a person causes the death of another person. Homicide itself is not necessarily a crime—for instance, a justifiable killing of a suspect by the police and a killing in self-defense are legal homicides.
Murder is a category of homicide. Murder is an unlawful homicide committed with "malice aforethought". The precise legal definition of murder varies by jurisdiction. Most states distinguish between different degrees of murder (first, second, and third).
Manslaughter is a form of homicide in which the person who commits the homicide either does not intend to kill the victim, or kills the victim as a result of circumstances that would cause a reasonable person to become emotionally or mentally disturbed to the point of potentially losing control of their actions.
