Homicide Defined
Homicide is the killing of another human being by one or more others. In contrast, suicide is the self killing of a human being. Legally homicide is classified as either justifiable (A non-criminal homicide, usually committed in self-defense or in defense of another, may be called justifiable homicide in some cases. A homicide may be considered justified if it is done to prevent a very serious crime, such as rape, armed robbery, or murder. The assailant's intent to commit a serious crime must be clear at the time. A homicide performed out of vengeance, or retribution for action in the past would generally not be considered justifiable, although in some cases such a crime is classed as being justifiable due to the impossibility of finding a jury who would convict under the case's circumstances.) homicide which is not a crime, or the following crimes:
- murder: In law, murder is the crime of a human being causing the death of another human being, without lawful excuse, and with intent to kill or with an intent to cause grievous bodily harm. In most countries it is considered the most serious crime, and invokes the highest punishment available under the law. Murder is both a legal and a moral term, that are not always coincident. A killing may not be legally classified as murder, but still morally considered by some as a murder. For example, critics claim that the death penalty morally counts as a murder.
* manslaughter: Manslaughter, sometimes called criminally negligent homicide, is a kind of homicide wherein a person causes the death of another through negligence or recklessness (not recognized in Australia) or where a person intentionally kills another but is not liable for murder because he is able to avail himself of a defense, such as insanity or diminished capacity.
- voluntary manslaughter: Voluntary manslaughter requires intent, but is mitigated by the fact that the killer was subjected to adequate provocation to drive an ordinary person to kill. Instances of adequate provocation may include things such as unexpectedly finding a spouse in the arms of their lover, or witnessing an attack against one's child.
- involuntary manslaughter: Involuntary manslaughter (which includes negligent manslaughter) is the crime that results from a death that occurs despite a lack of intent to kill. British and American criminal law differentiates between various crimes based on mens rea (criminal intent), and involuntary manslaughter is generally associated with a level of negligent mens rea. While specifics of negligence may vary from one jurisdiction to another, it is generally defined as failure to exercise a reasonable level of precaution given the circumstances. Recklessness is defined as a wanton disregard for the dangers of a particular situation.
- negligent homicide (in some jurisdictions): Negligent homicide is a charge brought against persons, who by inaction, allow others under their care to die. This offense mostly concerns itself with the death of small infants or children, the handicapped, or the elderly. An example of such a case is when an elderly person is allowed to accumulate bedsores, as they are not helped out of a couch or bed for a prolonged period of time and die as a result of necrotic tissue.
- excusable homicide & justifiable homicide: A non-criminal homicide, usually committed in self-defense or in defense of another, may be called justifiable homicide in some cases. A homicide may be considered justified if it is done to prevent a very serious crime, such as rape, armed robbery, or murder. The assailant's intent to commit a serious crime must be clear at the time. A homicide performed out of vengeance, or retribution for action in the past would generally not be considered justifiable, although in some cases such a crime is classed as being justifiable due to the impossibility of finding a jury who would convict under the case's circumstances. In cases of self-defense, there is generally a duty for the defendant to retreat if possible to do so (except from one's home or place of business), or it is not justifiable (in the state of Louisiana, there is no duty to retreat). Pre-emptive self-defense, cases in which one kills another because they suspect the victim might eventually become dangerous, is considered criminal, no matter how likely it is that they were right. Justifiable homicides are always initially assumed to be criminal until the evidence warrants a change, as justifiable homicide is one of the most common defenses for homicides both justified and criminal. Justifiable homicide is a legal grey area, and there is no real legal standard for a homicide to be considered justifiable. The circumstances under which homicide is justified are usually considered to be that the victim was clearly likely to kill a third person if the defendant did not kill them.
- infanticide: Infanticide is the practice of intentionally causing the death of an infant of a given species, by members of the same species. In many past societies certain forms of infanticide were considered proper, whereas in most modern societies the practice is considered immoral and criminal (but see abortion). Nonetheless, it still takes place, in the West usually because of the mother's mental illness and in some poor countries because of tacit societal acceptance.
Defenses against homicide, where the identity of the killer is not in dispute, include insanity and self-defense. Defense of property is not per se a defense against homicide, although a homicide where self-defense became necessary as a result of undertaking defense of property may be justifiable homicide.
