HOMICIDE-the killing of one human being by another-is the most serious of all acts. Homicide may either be criminal or noncriminal.
CRIMINAL HOMICIDE
Murder, the most serious of a criminial homicide, is a killing that is done with malice. Malice means having the intent to kill or seriouly harm os acting in an exrimly reckless manner which shows a lack of regard for human life. At one time, there were no degrees of murder. Any homicide done with malice was punishable by death. To readuce the punishment for less grievous homicide, most states now have statutes that classify murder acording to the killer's state of mind or the circumstances sorounding the crime.
MURDER, FIRST DEGREE - In order for someone to be found guilty of first degree murder the government must prove that the person killed another person; the person killed the other person with malice aforethought; and the killing was premeditated. To kill with malice aforethought means to kill either deliberately and intentionally or recklessly with extreme disregard for human life. Premeditation means with planning or deliberation. The amount of time needed for premeditation of a killing depends on the person and the circumstances. It must be long enough, after forming the intent to kill, for the killer to have been fully conscious of the intent and to have considered the killing. First-degree murder in California includes a killing that is "willful, deliberate, and premeditated," or that is committed in the perpetration, or attempt to perpetrate, certain felonies, including burglary, and not including the petty offense of shoplifting. Cal. Penal Code S 189.
FELONY MURDER is any killing that takes place during the commission of certain felonies, such as arson, rape, robbery, or burglary. It is not necessary to prove intent to kill; malice is persumed because the homicide occured during the felony, even if the killing was accidental. Most states cosider felony murder to be first-degree murder even though malice premeditation, and deliberation do not need to be proved.
SECOND-DEGREE MURDER is ordinarily defined as 1) an intentional killing that is not premeditated or planned, nor committed in a reasonable "heat of passion" or 2) a killing caused by dangerous conduct and the offender's obvious lack of concern for human life. For example, Dan comes home to find his wife in bed with Victor. At a stoplight the next day, Dan sees Victor riding in the passenger seat of a nearby car. Dan pulls out a gun and fires three shots into the car, missing Victor but killing the driver of the car.
Voluntary manslaughter occurs when a person intentionally kills another person after "adequate provocation"; that is, there has been action that was sufficient to incite an "ordinary person" to "sudden and intense passion" such that s/he loses self-control. It should be noted that the time between provocation and the killing should not be long enough for the passion to have cooled off. In most states, "adequate provocation" is defined to be only situations in which there is a threat of deadly force, or in which a person finds his/her spouse in bed with another person. Verbal threats are usually not considered adequate provocation.
MANSLAUGHTER, INVOLUNTARY - In order for a person to be found guilty of involuntary manslaughter the government must prove that someone was killed as a result of an act by the person; Second, in the circumstances existing at the time, the person's act either was by its nature dangerous to human life or was done with reckless disregard for human life; and Third, the person either knew that such conduct was a threat to the lives of others or knew of circumstances that would reasonably cause the person to foresee that such conduct might be a threat to the lives of others.
The first of these, NEGLIGENT HOMICIDE, is the killing of another person through gross negligence or without malice. It can also be considered a death that is the result of the negligent operation of a motor vehicle, which includes the operation of a boat or snowmobile. In some states, the term negligent homicide replaces the terminology of manslaughter (involuntary) with similar defining. Unintentional killing(s) in which the actor(s) should have known they were creating substantial and unjustified risks of death by conduct that grossly deviated from ordinary care summarizes the relationship between the definitions of these terms (Samaha, 2002, p. 536).
Noncriminal Homicide
Some homicides are not crimes at all. Noncriminal homicide is as killing that is justifiable or exusable and for which the killer is deemed faultless. Examples of noncriminal homicide inclued the killing of an enemy soilder in wartime, the killing of condemned criminal by an executioner, the killing by a police officer of a person who is cometing a serious crime and who poses a threat of death or seriuos harm, and a killing performed in self-defense or in defense of another.
