Understanding Homicide: Types and Examples
Homicide is the killing of one human being by another, which can be criminal, noncriminal, or negligent. It may involve deliberate intent, malice, premeditation, and different degrees of murder like first and second degree. Examples include cases of first degree murder, second degree murder, and felony murder during the commission of certain felonies like robbery or burglary.
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The killing of one human being by another. Can be criminal, noncriminal, or negligent. Homicide
Deliberate intent to harm someone OR Acting in an extremely reckless manner that shows a lack of regard for human life. Malice
Having thought about doing something ahead of time. Premeditated
Intentional, considered. Deliberate
Murder The unlawful killing of another with malice and forethought.
Act of killing that is Premeditated Deliberate Done with malice First Degree Murder
First Degree Murder Dan finds out that Victor was the player who beat him in a Fortnite battle. Three days later, Dan waits behind a tree near Victor's front door. When Victor comes out of his house, Dan shoots and kills him.
Killing that is done with malice, but WITHOUT premeditation and deliberation. Second Degree Murder Intent to kill did not exist until the moment of the murder.
Second Degree Murder Dan finds out that Victor was the player who beat him in a Fortnite battle. 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 killing Dan.
Any killing that takes place during the commission of certain felonies such as: Arson Rape Robbery Burglary Felony Murder
Intent does NOT need to be proved Malice is presumed because of the underlying felony. Felony Murder
Felony Murder Dan tries to break into Victor s house to steal his Xbox (so, of course, Victor won t beat him at Fortnite). Victor hears Dan break in and Dan shoots Victor.
Manslaughter The killing of a person without malice or premeditation.
Killing that would otherwise be murder, but occurs after the victim has done something to killer that would cause a reasonable person to lose control Voluntary Manslaughter WORDS DON T COUNT
Voluntary Manslaughter Dan and Victor are playing Fortnite. Do they EVER learn? They get into a particularly heated online battle. Victor wins. Dan beats Victor to death with his controller.
Killing where there is no intent to kill at all. Results from conduct so reckless that is causes extreme danger of death or bodily harm. Involuntary Manslaughter
Negligence Failure to exercise a reasonable or ordinary amount of care in either doing, or not doing something, resulting in harm or injury to another person
Causing death through criminal negligence Negligent homicide
Negligent Homicide Dan and Victor are driving in a car. They think it would cool to drive the car a la the ATK in Fortnite. Dan loses control of the car and hits a pedestrian, killing them instantly.
Suicide Deliberate taking of one s own life.
Suicide used to a crime Today, there is a suicide every 13 minutes. The elderly have the highest rate. 7 states and DC allow assisted suicide for people who have a terminal diagnosis and 6 months or less to live. Suicide
For extra credit: 1. Where is physician- assisted suicide legal? 2. What is the difference between euthanasia and physician-assisted suicide? 3. What is your opinion? Suicide
State v Williams Read the Williams Case. Read the statutes that follow. What crimes could the Williams be convicted of? Be prepared to defend your answers!
