Kara Sears
Homicide refers to the act of one human causing the death of another. In the year 1700, homicides were recognized by common law and were considered extremely serious crimes. Murder, manslaughter, justifiable homicide, assassination, killing in war, euthanasia, and capital punishment were all recognized as forms of homicide. Murder was considered a morally execrable act, and pardoning in these cases was uncommon due to strong public desire for justice. The common-law definition of murder as homicide with malice aforethought remains in force in Pennsylvania. The availability of defenses to a criminal charge following a homicide may have influenced the homicide rate, such as the stand your ground defense in some U.S. jurisdictions.
| Characteristics | Values |
|---|---|
| Homicide | An act in which a person causes the death of another person |
| Homicide requires | A volitional act or an omission that causes the death of another |
| Homicide types | Murder, manslaughter, justifiable homicide, assassination, killing in war, euthanasia, capital punishment |
| Murder | Unlawful killing of another human without justification or valid excuse |
| Murder punishment | Life imprisonment, long-term prison sentence, or capital punishment |
| Manslaughter | Killing committed in the absence of malice |
| Justifiable homicide | Killing on a battlefield, a police officer shooting a dangerous suspect |
| Homicide in religion | First murder committed by Cain against Abel out of jealousy |
| Homicide in history | Lawful and justified in some cultures, including African tribes, pre-modern Europeans, Indigenous Australians, and Native Americans |
| Homicide rates | Higher in countries with low human development, high income inequality, and weak rule of law |
| Homicide penalties | Harsh penalties like whipping or execution were imposed in the past |
| Homicide and self-control | Historians attribute the decline in homicides to increased self-control promoted by Protestantism |
| Homicide and state of mind | Murder requires intent, while manslaughter may be due to reasonable provocation or diminished capacity |
| Homicide and pregnancy | Assault on a pregnant woman resulting in stillbirth was not considered murder under common law |
| Homicide degrees | First-degree, second-degree, and third-degree murder vary by jurisdiction |
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![A Treatise on the Law of Homicide, and of Larceny at Common Law. By Robert Bevill 1799 [Leather Bound]](https://m.media-amazon.com/images/I/617DLHXyzlL._AC_UY218_.jpg)
What You'll Learn
Murder and manslaughter
Homicide is an act that causes the death of another person. It can be further classified into many overlapping legal categories, including murder and manslaughter. Murder is the unlawful killing of another human without justification or valid excuse, combined with the necessary intention as defined by the law in a specific jurisdiction. This state of mind may distinguish murder from other forms of unlawful homicide, such as manslaughter.
In the United States, there is a hierarchy of acts known collectively as homicide, with first-degree murder and felony murder considered the most serious, followed by second-degree murder, and in a few states, third-degree murder. Third-degree murder was introduced in Pennsylvania in 1974, and it does not require intent to kill but does require malice. Wisconsin, on the other hand, repealed the common-law crime of murder, creating a statutory crime of murder divided into three degrees, with the third encompassing felony murder. Oregon also revised its criminal homicide laws in 2023, adding separate degrees for murder and retaining aggravated murder as the state's only capital offense.
Manslaughter, a form of homicide, is a killing committed in the absence of malice. Voluntary manslaughter, for example, can be the result of reasonable provocation or diminished capacity. Involuntary manslaughter, on the other hand, lacks a clear intent to kill and may involve recklessness.
In the eighteenth century, harsh penalties were imposed for homicide, including severe whipping or execution. Murder was considered a morally reprehensible act, and pardoning in such cases was not popular. However, the pardoning system could grant conditional pardons, commuting the punishment to transportation, hard labour, or penal servitude.
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![Of Homicide [Translated] (Sir William Blackstone's Commentaries)](https://m.media-amazon.com/images/I/41zV5kVSYCL._AC_UY218_.jpg)
Justifiable homicide
The concept of justifiable homicide in criminal law is a defence to culpable homicide (criminal or negligent homicide). Generally, there is a burden to produce exculpatory evidence in the legal defence of justification. A homicide may be considered justified if it is done to prevent a very serious crime, such as rape, armed robbery, manslaughter or murder. The victim must reasonably believe, under the totality of the circumstances, that the assailant intended to commit a criminal act that would likely result in the death or life-threatening injury of an innocent person.
In most countries, a homicide is justified when there is sufficient evidence to disprove the alleged criminal act or wrongdoing. The key to this legal defence is that it was reasonable for the subject, when committing the homicide, to believe that there was an imminent and otherwise unavoidable danger of death or grave bodily harm to the innocent by the deceased. Justifiable homicide applies to the blameless killing of a person, such as in self-defence. However, a homicide performed out of vengeance, or retribution for action in the past, or in pursuit of a "fleeing felon" would not be considered justifiable. In many states, given a case of self-defence, the defendant is expected to obey a duty to retreat if it is possible to do so.
Two other forms of justifiable homicide are unique to the prison system: the death penalty and preventing prisoners from escaping. For example, the California Penal Code (state law) that covers justifiable homicide states that homicide is justifiable when necessarily committed in retaking felons who have escaped, or when necessarily committed in arresting persons charged with a felony who are fleeing from justice or resisting arrest. Although the above text is from California law, many other jurisdictions, like Florida, have similar laws to prevent escapes from custody.
Some examples of justifiable homicide include the killing of Ma'Khia Bryant, where her shooting prevented her from stabbing another girl and was deemed a justifiable homicide by Ohio law. Another example is the case of Don King in 1954, who shot a man trying to rob one of his gambling houses, which was ruled a justifiable homicide.
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Capital punishment
In the early 1700s, capital punishment was used as a form of punishment in Britain and its colonies. The colonies that were more lenient concerning capital punishment were South Jersey and Pennsylvania. In South Jersey, there was no death penalty for any crime, and only two crimes, murder and treason, were punishable by death. In Pennsylvania, William Penn's Great Act of 1682 influenced the colonies' death penalty laws. By 1776, most of the colonies had comparable death statutes, which covered a range of crimes.
The standard method of execution in Britain during this time was hanging, often in public as a deterrent to crime. The place of execution was usually Tyburn, where convicts were drawn in a cart through the streets, given a chance to speak to the crowd, and then hanged. In rare cases, men found guilty of treason were sentenced to be drawn to the place of execution on a hurdle, "hanged, cut down while still alive, and then disembowelled, castrated, beheaded and quartered".
In the 18th century, there was a growing reluctance to use the death penalty, except for the most serious cases, and new forms of punishment such as transportation and imprisonment emerged. By the 19th century, the popularity of hanging in chains had declined, and the criminal law reforms of that century abolished the death penalty for many crimes.
Today, capital punishment remains controversial, with differing views on whether it is ethically permissible. While the majority of countries have abolished it, over half of the world's population lives in countries where it is retained, including China, the United States, India, and Indonesia.
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Homicide in war
In the 18th century, the killing of enemy combatants who had not surrendered was not considered murder if it was carried out by lawful combatants following lawful orders in war. However, unlawful killings within a war may constitute murder or homicidal war crimes. For example, collateral damage to non-combatants during a war may be considered murder under common law.
In the context of the 18th century, it is essential to understand the broader historical context and the nature of warfare at the time. The 18th century witnessed several significant conflicts, including the French and Indian Wars, the American Revolutionary War, and the Napoleonic Wars, each influencing societal norms and legal frameworks.
During this period, warfare was often characterized by linear tactics, with armies lining up in rows and columns to exchange volleys of musket fire. Bayonet charges and cavalry maneuvers were also common. The 18th century saw advancements in military technology, such as the development of more accurate and powerful artillery.
In terms of homicide in war, the 18th century also presented unique challenges due to the absence of well-defined international laws governing armed conflict. While certain principles of the laws of war had emerged, such as the notion of distinction between combatants and non-combatants, the protection of civilians, and the prohibition of unnecessary suffering, these principles were not always consistently applied or enforced. The concept of "just war theory" and the moral justification for the use of force were also evolving.
Furthermore, the 18th century saw the emergence of new forms of warfare, such as guerrilla warfare, which challenged traditional notions of combat. These evolving tactics often blurred the lines between combatants and non-combatants, raising complex questions about the legal and moral justifications for the use of lethal force.
In conclusion, while the specific legal definitions of homicide and the applicability of common law in war may vary across jurisdictions and historical contexts, the 18th century provides a fascinating perspective on the interplay between warfare, homicide, and the evolving nature of international law and societal norms. The complexities of this era underscore the ongoing efforts to establish clear standards for the conduct of war and the prosecution of war crimes, shaping our understanding of homicide in war.
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Homicide by negligence
In the context of homicide, negligence refers to a situation where a person, through criminal negligence, allows another person to die. Criminal negligence is generally understood as conduct where a person disregards an obvious risk or the safety of others. For instance, leaving a dog with a history of attacks off its leash, resulting in the death of a person, would constitute negligent homicide.
Negligent homicide is considered a felony offence in most states, punishable by a range of penalties. While the specific definition of "criminal negligence" varies across jurisdictions, it typically involves a conscious and voluntary act that demonstrates a disregard for the lives of others.
In the United States, negligent homicide may be a lesser charge negotiated in murder cases. It is considered a less serious offence than involuntary manslaughter, which requires recklessness. However, negligent homicide may be a lesser included offence to first and second-degree murder, as it shares elements with those more serious charges.
In other jurisdictions, such as Canada, negligent homicide falls under the category of culpable homicide, which includes first-degree murder, second-degree murder, manslaughter, and infanticide. Canadian law defines manslaughter as "a homicide committed without the intention to cause death, although there may have been an intention to cause harm."
In England and Wales, negligent homicide is referred to as gross negligent manslaughter, while in Australia, common law decisions are used to determine whether an act resulting in death constitutes manslaughter by unlawful and dangerous act.
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Frequently asked questions
Homicide is an act in which a person causes the death of another person. Homicide may result from accidental, reckless, or negligent acts even without the intent to cause harm.
Homicides can be divided into many overlapping legal categories, including murder, manslaughter, justifiable homicide, assassination, killing in war, euthanasia, and capital punishment.
Murder is the unlawful killing of another person without justification or valid excuse, with the necessary intention as defined by the law in a specific jurisdiction.
Manslaughter is killing committed in the absence of malice or with diminished capacity. It can be further divided into voluntary and involuntary manslaughter.
Justifiable homicide is when a homicide occurs, but the act of killing is not unlawful due to the circumstances. For example, a killing on a battlefield during a war is usually considered justifiable homicide.
