CRIMINAL LAW

Criminal Law

Criminal Law

Homicide

Homicide is a term used by criminologists—those who study crime and criminals—and sociologists—those who study society and its members—to describe the act of an unlawful killing of another person. The term is used to enable them to discuss and study the whole category of killing as such, without having to take into account that the definition of legal categories such as murder and manslaughter vary with time and place. (Garner1999: 105-109)

The term homicide consequently covers the legal categories of murder and manslaughter, whereby murder generally refers to premeditated or intended killings, whereas manslaughter involves less culpability of the offender and thus indicates the killing was not intended or premeditated or was caused in self-defense. In some studies, infanticide (the murder of a newborn child by its mother; see Infanticide entry) is also included in the homicide category, and some researchers argue other forms of unlawful killing, such as corporate manslaughter (when the death of an employee or customer is caused by the company's neglect, carelessness, or noncompliance with regulations), should be recognized in the category.

The label of homicide is consequently used to focus on people who die as the result of unlawful acts of other people, and it is the outcome, the fatal result of death, and not the legal requirements (e.g., premeditation, provocation, and temporary insanity) that classify an act as homicide.

Corpus Delicti

Translated from the Latin, the term means the body of the crime or corpse. It is a legal term that requires the presence of material evidence and elements of the crime for conviction. Before a defendant can be held criminally accountable, the court must prove that an actual crime transpired (actus reus) and that the defendant had a criminal mind (mens rea).

Murder

Murder are distinct, however, in that murder refers to incidents in which a killing is defined as criminal and wrongful by the legal system, whereas homicide is broader and more encompassing. It includes incidents in which a killing is criminal and also incidents in which a killing is defined as justifiable by the legal system. According to the Federal Bureau of Investigation (FBI), a homicide is justifiable if a person is killed by a private citizen or by a law enforcement officer in the line of duty while that person is in the course of committing a felony offense. Homicides can be distinguished in terms of whether they are criminal or noncriminal, with murder referring to instances of criminal homicide, which are defined as unlawful or wrongful and not justifiable by the legal system. (Lafave 2003: 105-108)

First Degree Murder

The most heinous of the homicide crimes fall within the category of first-degree murder, in which punishment is most severe, even death in some states. First-degree murder is often unofficially referred to as “Murder One.” (Garner 1999: 105-109)Though the laws vary from state to state, several types of homicides are likely to be classified as firstdegree murders, most commonly, premeditated, deliberate murder, cruel and brutal murder, and felony ...