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Homicide and Murder

Murder and homicide are among the first terms to come to mind when Americans think about violent crime. Although both murder and homicide refer to instances in which one human being is killed by another, these terms are defined differently and evoke different responses from the legal system and society in general.

Definitions of Homicide and Murder

Both murder and homicide refer to instances in which one human being is killed by another. Murder and homicide 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.

An important point here is that not all incidents in which one person kills another are viewed as wrongful. Instead, through the voice of the state, society has said that, in certain circumstances, killing a human being is acceptable. As noted, a killing is justifiable if it involves self-defense or the killing of a person committing a felony. Killing another human being also is defined as acceptable if it occurs in the context of war and the victim is not an innocent civilian, but instead poses a threat, such as is likely the case if the victim is an armed enemy. Finally, killing is also deemed acceptable in the case of the death penalty and executions.

Criminal Homicide and Degrees of Murder

Although specific definitions of criminal homicide vary across jurisdictions, there are basically three types of unlawful killings. The most serious form of criminal homicide is first-degree murder, which has the defining characteristics of premeditation and malice aforethought. Premeditation refers to the offender having an intent to kill the victim prior to the occurrence of the incident, and typically implies that the offender engaged in some degree of planning the murder. Malice aforethought refers to the deliberate intention to kill another person (and not merely harm or injure them). In addition to incidents involving premeditation and malice aforethought, first-degree murders also include killings that fall under the felony-murder rule (FMR). According to the FMR, if a person (other than the offender) is killed during the course of, or as a result of, the offender committing a felony, the offender and his or her accomplices can be charged with first-degree murder even if the killing is accidental or unintentional. Courts generally agree that the FMR should only apply to “inherently dangerous” felonies; however, there are differences in how the term dangerous is defined, as some courts make a determination by examining the facts of the particular case, while others use a more abstract definition and note that certain felonies are “dangerous” (e.g., rape, robbery, burglary, arson, and assault), but others that are theft-related (e.g., larceny) are not.

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