Criminal Homicide

At one time, there were no degrees of murder. Any homicide done with the malice was considered to be murder and was punishable by death. To reduce the punishment for less grievous homicides, most states now have statutues that classsify murder according to the killer’s state of mind or the circumstances surrounding the crime.

First- degree murder is usually defined as killing that is premeditated ( thought about beforehand), deliberate, and done with malice, it is an action with an intent to kill or cause severe bodily injury or with a depraved indifference to human life. Courts have often found that the premeditation and deliberation can occur very close to the time of the homicide.

Felony- murder is any killing that takes place during the commision of certain felonies, such as arson, rape, robbery or burglary. It isnot necessary to prove intent:malice is presumed because the homicide occured during the felony, even if the killing was accidental. Most states consider felony murder to be first degree murder regardless of wheter malice, premeditation, and deliberation exists.

Second – degree murder is killing that is done with mlice, but without premeditation or deliberation. That is, the intent to kill did not exist until the moment of the murder. Second degree murder includes intentional but spontaneous killings that are unplanned.

Voluntary manslaughter is killing that has done something to the killer that would cause a resonable person to lose self – control or act rashly. A person who kills someone in a violent argument or quarrel without first planning to do so is guilty of voluntary manslaughter. Voluntary manslaughter is punished somewhat less severly than murder as a concession to the frailty of human character.

Involuntary Manslaughter is a killing in which there is not intent to kill at all. It is unintentional killing resulting from conduct so reckless that is causes extreme danger or death or bodily injury, An example of involuntary manslaughter is killing that results from playing with a gun known to be loaded.

Negligent homicide means causing death through criminal negligence. Negligence is the failure to exercise a reasonable or ordinary amount of care in a situation, therby causing harm to someone. Some states classify death by gross, or extreme, negligence as involutary manslaughter. The most common form of negligent homicide is vehicular homicide. This is killing that results from operating a motor vehicle in a reckless and grosssly negligent manner. Any death that results from careless driving may lead to a civil suit for damages, but is usually not considered a crime unless the death results from gross negligence.