Homicide – the killing of another human

     This page is continued from Criminal Law Self-Help >>>> Various Crimes and Corresponding Laws:

************************

homicide:
n. (14c)

1. The killing of one person by another.

2. Someone who kills another. [1]

1. The killing of a human being under any circumstances, by the act, agency, or omission of another. 26 Am J1st Homi § 2.

The word is generic and embraces every mode by which the life of one man is taken by the act of another man.  It may be lawful, as where a man is killed in war or put to death under the valid sentence of a court, or it may be unlawful.  It may also be justifiable or excusable, as in the prevention of a violent felony or in self-defense.  The word includes both murder and manslaughter. Commonwealth v Webster, 59 Mass (5 Cush) 295. [2]

1. The killing of a human being.  Homicide may be noncriminal (excusable homicide or justifiable homicide) or criminal (felonious homicide).  Excusable or justifiable homicide includes killing by accident (see homicide by misadventure) or in self-defense.  A felonious homicide is either murder or manslaughter.  Manslaughter homicide includes negligent homicide and vehicular homicide. [3]

     Excerpt from Glanville Williams’ Textbook of Criminal Law (1978):

     “The legal term for killing a man, whether lawfully or unlawfully, is ‘homicide.’  There is no crime of ‘homicide.’ Unlawful homicide at common law comprises the two crimes of murder and manslaughter.  Other forms of unlawful homicide have been created by statute: certain new forms of manslaughter (homicide with diminished responsibility, and suicide pacts), infanticide, and causing death by dangerous driving. [4]

Various Forms of
Noncriminal (nonfelonous) Homicide:

nonfelonious homicide (1896) A killing that is legally either excusable or justifiable.

excusable homicide – homicide by accident or self-defense. — aka justifiable homicide.

  • homicide by misadventure ( (17c) Homicide resulting form a lawful act performed in a lawful manner under a reasonable belief that no harm could occur. – aka death by misadventure; accidental killing; killing by misadventure; homicide per infortunium.
         See involuntary manslaughter. [1] 

justifiable homicide – the killing of another person in self-defense, to prevent a crime or a criminal’s escape, or as execution for a capital crime.

Various Forms of
Criminal (felonious) Homicide:

criminal homicide (1850) 1. Homicide prohibited and punishable by law, such as murder or manslaughter.  2. The act of purposely, knowingly, recklessly, or negligently causing the death of another human being.  Model Penal Code § 210.1. [1]

1. The unlawful taking by one human being of the life of another in such a manner that he dies within a year and a day from the time of the giving of the mortal wound.  If committed with malice, express or implied by law, it is murder; if without malice, it is manslaughter.  No personal injury, however grave, which does not destroy life, with constitute either of these crimes.  The injury must continued to affect the body of the victim until his death.  If it ceases to operate, and death ensues from another cause, no murder or manslaughter has been committed.  Commonwealth v Macloon, 101 Mass 1. [2]

     Excerpt from Lloy L. Welnreb’s “Homicide: Legal Aspects,” in Encyclopedia of Crime and Justice (Sanford H. Kadish ed., 1983):

     “Criminal homicide is everywhere divided into categories that reflect the historical distinction in English law between murder and manslaughter.  American, statutory formations have varied the terminology and the precise classifications; many statutes create more than two forms of criminal homicide, for purposes of definition and/or punishment.  These variations notwithstanding, it is usually possible to discern a category that corresponds to the common-law crime of murder, the paradigm of which is a deliberate killing without legal justification or excuse, and a category that corresponds to the common-law crime of manslaughter and comprises killings that either are committed in circumstances which substantially mitigate their intentional aspect or are not intentional.  In common speech as well as in the law, murder refers to the most serious criminal homicides, and manslaughter to those that may be serious crimes for which a substantial penalty is imposed but lack the special gravity of murder.” [5]

felonious homicide (18c) Homicide committed unlawfully, without legal justification or excuse.  *  This is the category into which murder and manslaughter fall. [1] [3]

homicidium ex voluntate – Voluntary or willful homicide.
     See criminal homicide.

 

murder – the killing of a human being with malice aforethought.

  • first degree murder – willful, deliberate, or premeditated murder, or murder committed during the course of another dangerous felony. — aka murder of the first degree; murder one.
  • second degree murder – committed with intent to kill, but not premeditated or deliberate. — aka murder of the second degree; murder two.
  • third degree murder – a wrong that does not constitute first or second degree murder; few states have third degree murder within their legal codes. — aka murder of the third degree; murder three.

manslaughter – the unlawful killing of a human being without malice aforethought.

  • voluntary manslaughter – homicide committed with provocation or in the heat of passion. — aka first degree manslaughter; intentional manslaughter; manslaughter in the first degree; unintentional murder.
  • involuntary manslaughter – homicide with no intention to kill or do grievous bodily harm, but committed with criminal negligence or during the commission of a crime not included within the felony-murder rule — aka second degree manslaughter; negligent manslaughter; manslaughter in the second degree.

Related Terms:

homicidal adj. (18c) 1.  Of, relating to, or involving homicide <homicidal incidents>. 2. Likely to commit murder <homicidal maniac>.

culpable homicide (16c) Scots law. A wrongful act that results in a person’s death but does not amount to murder. 

homicide by abuse (1989) Homicide in which the perpetrator, under circumstances showing an extreme indifference to human life, causes the death of the perpetrator’s dependent — usually a child or mentally retarded person.

negligent homicide (1859) Homicide resulting from the careless performance of a legal or illegal act in which the danger of death is apparent; the killing of a human being by criminal negligence. — aka criminally negligent homicide.  See criminal negligence under NEGLIGENCE.

     Excerpt from Rollin M. Perkins & Ronald N. Boyce’s Criminal Law (3d ed. 1982):

     “There is no common-law offense known as ‘negligent homicide.’  As a matter of the common law of crimes any killing below the grade of manslaughter is innocent homicide. Some of the new penal codes have a classification scheme which (omitting degrees or other variations) divides criminal homicide into murder, manslaughter and criminally negligent homicide or simply negligent homicide.  For the most part, however, this has been achieved by removing from manslaughter the offense of homicide by criminal negligence and using this to constitute the newly named offense. Thus, though there are a few exceptions, most states will have no homicide offense which would be below common-law manslaughter. [8]

public-service homicide (1995) Slang. The killing of a criminal by another criminal.

reckless homicide (1866) The unlawful killing of another person with conscious indifference toward that person’s life.

vehicular homicide (1952) The killing of a person as a result of the unlawful or negligent operation of a motor vehicle. — aka automobile homicide.

victim-precipitated homicide (1957) 1. A form of suicide in which the suicidal person intentionally engages in life-threatening behavior to induce a police officer to shoot the person.  *  Frequently, the decedent attacks the officer or otherwise threatens the officer’s life, but occasionally the third person’s life is at risk.  A suicide-by-cop is distinguished from other police shootings by three elements.  The person must (1) evince an intent to die, (2) consciously understand the finality fo the act; and (3) confront a law enfocement official with behavior so extreme that is compels that officer to act with deadly force. — aka police-assisted suicide; suicide-by-cop 2. A killing provoked by the victim who consciously intended to die at the hands of another person.  *  This term applies loosely to any assisted suicide.  Unlike most types of homicide, the victim bears some of the responsibility for causing his or her own death.

willful homicide (1860) The act of intentionally causing a person’s death, with or without legal justification.

 

malicious killing (17c) An intentional killing without legal justification or excuse. — aka killing with malice.

homicidium n. [Latin “felling of a person”] Homicide.

 homicidium in rixa [Law Latin] (17c) Scots law. Homicide committed in the course of a brawl. [1]

     Excerpt from John Trayner’s Trayner’s Latin Maxims (4th ed. 1894):

     “Homicidium in rixa . . . . Such crime amounts only to culpable homicide, and the punishment being in the discretion of the judge, varies according to the particular circumstances of each case. It is not punished capitally, because this crime lacks the previous malice essential to the crime of murder. [9]

femicide – the killing of a woman.

fratricide – The killing of a brother or a sister; a person who kills a brother or a sister.

infanticide – The killing of a young child shortly after its birth.

matricide -the murder of one’s own mother; a person who murders his own mother.

parricide – the murder of one’s mparent; a perons who is guilty of the murder of his parent.

patricide -a person who kills his father; the crime of murdering one’s own father.

prolicide – the killing by a parent of his offspring.

regicide – A person who killed a king or a queen; the crime of killing a king or queen.

suicide – Death by one’s own hand intentionally lifted against himself.  29 Am J Rev ed Ins § 1145.
By statute in Missouri, “every person deliberately assisting another in the commission of self-murder shall be deemed builty of manslaughter in the first degree.”  State v Webb, 216 Mo 378, 115 SW 998.
By the early common law of England, suicide was ranked as an infamous crime and was held to by a “species of felony” punishable by a forfeiture to the king of the goods and chattels of the felo de se, and an ignominious burial in the highway with a stake driven through his body.  Suicide has never been classed as a crime in the United States, but there are cases holding attempted suicide to be an offense, even int he absence of statute.  26 Am J1st Homi §§ 84-86.

uxoricide – The killing of a woman by her husband. [2]

 

homicidium in rixo – The killing of a human being while engaged in a quarrel.

 

reckless homicide – A form of homicide, usually involuntary manslaughter, involving death caused by some willful and wanton act (EXAMPLE: driving while intoxicated).

 

felonious homicide – The killing of a human being without justification or excuse, that is, murder or manslaughter.

negligent homicide – The crime of causing the death fo a person by negligent or reckless conduct.
      See and compare culpable negligence.
Also see reckless endangerment; reckless homicide; vehicular manslaughter.

vehicular homicide – A form of negligent homicide in which the death of a person is caused by the negligent, reckless, or unlawful operation of a motor vehicle. [3]

References:

Disclaimer: All material throughout this website is compiled in accordance with Fair Use.

[1]: Black’s Law Dictionary Deluxe Tenth Edition by Henry Campbell Black & Editor in Chief Bryan A. Garner. ISBN: 978-0-314-62130-6

[2]: Ballantine’s Law Dictionary with Pronunciations
Third Edition
 by James A. Ballantine (James Arthur 1871-1949).  Edited by William S. Anderson.  © 1969 by THE LAWYER’S CO-OPERATIVE PUBLISHING COMPANY.  Library of Congress Catalog Card No. 68-30931

[3]:  Ballantine’s Law Dictionary Legal Assistant Edition
by Jack Ballantine 
(James Arthur 1871-1949).  Doctored by Jack G. Handler, J.D. © 1994 Delmar by Thomson Learning.  ISBN 0-8273-4874-6.

[4]: Glanville Williams, Textbook of Criminal Law 204 (1978).

[5]: Lloy L. Welnreb, “Homicide: Legal Aspects,” in 2 Encyclopedia of Crime and Justice 855, 857 (Sanford H. Kadish ed., 1983)

 

[8]: Rollin M. Perkins & Ronald N. Boyce, Criminal Law 116-17 (3d ed. 1982).

[9]: John Trayner, Trayner’s Latin Maxims 244 (4th ed. 1894).

*******************************

Back to Types of Crimes and Corresponding Laws

Back to Criminal Law Self-Help

Home Page

Like this website?

Please Support Our Fundraiser

or donate via PayPal:

  • please set some widgets to show from Appearance -> Widgets.

 

Disclaimer: Wild Willpower does not condone the actions of Maximilian Robespierre, however the above quote is excellent!

This website is being broadcast for First Amendment purposes courtesy of

Question(s)?  Suggestion(s)?
[email protected].
We look forward to hearing from you!

Disclaimer and Terms of Service

Last updated: February 27, 2018

     Read these Terms of Use (“Terms”, “Terms of Use”) carefully before using the https://reunitethestates.org website (the “Service”) operated by Wild Willpower (“us”, “we”, or “our”).

     Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.

     By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.

Service

      This webpage constitutes a grassroots attempt to make the justice system more accessible for the average civilian. Information throughout this page does not constitute legal advice, nor should it be construed a replacement thereof. The information contained on this website is for informational purposes only.  Some information may be incorrect or out of date.  The author assumes no responsibility or liability for any errors or omissions in the content of this site. The information contained in this site is provided on an “as is” basis with no guarantees of completeness, accuracy, usefulness or timeliness. We make no representation or warranty with respect to the information on this site. This webpage is being broadcast for First Amendment purposes, and represents a good-faith attempt to assist fellow civilians in finding justice for when they cannot find help from an attorney or from government agencies.  Our use of all content is being used explicitly for noncommercial purposes, and is protected in accord with Fair Use laws. To help us improve the website, or to point out somewhere it may need fixed or amended, email [email protected].  By continuing to read this website, you are thereby using our Service, within the scope and understanding as defined here.

Changes

     We reserve the right, at our sole discretion, to modify or replace these Terms at any time.  What constitutes a material change will be determined at our sole discretion.

     By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, yet continue to use our Service, you agree that Wild Willpower PAC nor its officers may be held liable for any actions taken or misunderstandings on your part; do not use this website as your sole source of law-related information.

Accounts

     When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.

     You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.

     You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

Intellectual Property

     The  Service and its original content, features and functionality (the layout and manner in which information is arranged) are and will remain the exclusive property of Wild Willpower and its licensors, and may be sold or transferred at any time.

Limitation of Liability

     Wild Willpower PAC is committed to providing high-quality products and services to our users. However, we understand that unforeseen circumstances may arise, and we want to ensure that our users are aware of the limitations of our liability.

    In no event shall Wild Willpower PAC or its affiliates, directors, officers, employees, agents, or suppliers be liable for any direct, indirect, punitive, incidental, special, or consequential damages arising out of or in any way connected with the use of our products or services, including but not limited to damages for loss of profits, use, data, or other intangible losses.

     Our liability is limited to the extent permitted by law, and in no event shall it exceed the amount paid by the user for the product or service in question. This limitation of liability applies regardless of the legal theory upon which the claim is based, whether in contract, tort, negligence, strict liability, or otherwise, even if we have been advised of the possibility of such damages.

    By using our products or services, you acknowledge and agree to this limitation of liability. If you do not agree with this limitation, your only remedy is to discontinue the use of our products and services.

Limitation of Damages

    Wild Willpower PAC values its users and strives to provide the best possible products and services. However, in the event of unforeseen circumstances, we want to make sure our users are aware of the limitations of our liability.

    In no event shall Wild Willpower PAC or its affiliates, directors, officers, employees, agents, or suppliers be liable for any direct, indirect, incidental, consequential, special, or exemplary damages arising out of or in any way connected with the use of our products or services, even if we have been advised of the possibility of such damages.

     Our liability is limited to the extent permitted by law and shall not exceed the total amount paid by the users for the product or service in question. This limitation of damages applies whether the claim is based on breach of contract, breach of warranty, tort (including negligence), or any other legal theory.

    In no event shall Wild Willpower PAC be liable for any damages arising from the use of third-party products or services, including but not limited to those provided by our partners or affiliates.

    By using our products or services, you acknowledge and agree to this limitation of damages. If you do not agree with this limitation, your only remedy is to discontinue the use of our products and services.

    This limitation of damages statement is intended to be enforceable to the fullest extent permitted by applicable law, and if any portion of this limitation is deemed invalid or unenforceable, the remainder of the limitation shall remain in full force and effect.

Forum

     This agreement shall be governed by and construed in accordance with the laws of the State of Iowa and the United States of America. Any legal action or proceeding arising out of or related to this agreement shall be brought exclusively in federal or state courts located in Iowa, and each party irrevocably consents to the jurisdiction of such courts for the purpose of any such action or proceeding.

Links To Other Web Sites

     Our Service may contain links to third-party web sites or services that are not owned or controlled by Wild Willpower.

     Wild Willpower has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Wild Willpower shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.

     We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.

Termination

     We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

     Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service.

     All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Disclaimer

     Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

Governing Law

     These Terms shall be governed and construed in accordance with the laws of United States and the State of Iowa.

     Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.  These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.

Severability

   If any portion of this Disclaimer and/or Terms of Use are deemed unenforceable, that shall not affect any other part of this Agreement. The unenforceable or illegal portion will be deemed deleted, and the Terms remaining shall remain valid and enforceable.

Contact Us

    If you have any questions about these Terms, please contact us: [email protected].