MERIAM-WEBSTER
The killing of one human being by another.
LEGAL DICTIONARY
The killing of a human being due to the act or omission
of another. Included among homicides are murder and manslaughter, but not all
homicides are a crime, particularly when there is a lack of criminal intent.
Non-criminal homicides include killing in self-defense, a misadventure like a
hunting accident or automobile wreck without a violation of law like reckless
driving, or legal (government) execution. Suicide is a homicide, but in most
cases there is no one to prosecute if the suicide is successful. Assisting or
attempting suicide can be a crime.
LEGAL DEFINITION
The killing of any human creature. This is the most
extensive sense of this word, in which the intention is not considered. But in
a more limited sense, it is always understood that the killing is by human
agency. Homicide may perhaps be described to be the destruction of the life of
one human being, either by himself, or by the act, procurement, or culpable
omission of another. When the death has been intentionally caused by the
deceased himself, the offender is called felo de se; when it is caused by
another, it is justifiable, excusable, or felonious. The person killed
must have been born; the killing before birth is called foeticide.
The destruction of human life at any period after
birth, is homicide, however near it may be to extinction, from any other
cause.
CLASSIFICATIONS OF HOMICIDE
Justifiable Homicides: "No fault" homicides. They
ordinarily involve the death of someone under circumstances of necessity or
duty (commanded or authorized by law). Examples would be self-defense, capital
punishment, and police shootings.
Excusable Homicides: Misadventures, accidents, or acts
of insanity. They ordinarily involve acts of civil fault, error, or omission.
First Degree Criminal Homicide (Murder): Acts involving
the death of someone in "cold-blood" or by "lying in wait". Also, the crime of
felony murder (someone dies during commission of a felony) is automatically
first degree homicide.
Second Degree Criminal Homicide (Murder): Acts
involving the death of someone in the "heat of passion". Heat of passion
murder doesn't require provocation, but it still requires proof of intent.
Voluntary Manslaughter: Manslaughter, in general,
involves acts involving the death of someone without premeditation, but acting
in "sudden passion".
Involuntary Manslaughter: The crime of Criminal
Negligence, sometimes called misdemeanor manslaughter. It typically involves
the careless use of firearms, explosives, animals, medicine, trains, planes,
ships, and automobiles. Many states have created a separate category called
Vehicular Manslaughter for cases involving automobiles.
