Differences between Legal Variations of Homicide

[Name of the institute]Differences between Legal Variations of Homicide

Introduction

There are different legal variations of man killing according to the nature, cause and intensity of crime and its punishment. In a layman's language, unlawful killing of another person is referred to as murder. In legal terminology it is collectively known as homicide. Rate of homicides varies according to countries, societies, age and gender; for example, in United States rate of homicide is very high. According to Jenkins, “Modern accounts of multiple homicides would probably draw all their examples from American cases, but domestic examples did not then exist in anything like comparable numbers”(Jenkins, 2005, p.38).

Discussion

Model Penal Code differentiates homicide in different categories on the basis of intention behind the offence and its consequences. Intension is the main ingredient that helps to differentiate between degrees of murder, kinds of manslaughter and justifiable homicide. According to Owen, “Whether the act was murder or manslaughter under our statue, depended entirely upon the existence of an intention to kill”(Owen, 1984, p.125).

Difference between Murder and Other Homicides

Murder involves a unique element of “Malice aforethought” that separates it from other homicides. It is developed by ill will against a person with any of these four main situations which are; intention to kill, inflict grievous body harm, abandoned and malignant heart or killing during dangerous felony like burglary, rape, robbery and kidnapping. These four conditions distinguish murder from other forms of killings. It requires deliberate and intentional predetermination, formation and execution of plan and brutality for its execution. Many jurisdictions further classify murder as first, second and third degree.

Difference between First, Second and Third Degree Murder

Difference between degrees of murder is due to the intention, seriousness and sentences assigned to the crime. First degree murder contains element of malice. It is willful, predetermined ...