Homicide

Definitions and Degrees

Although homicide is relatively easy to define as the killing of one human by another, the killing of humans by humans is not always seen in the same light. The way in which both legal authorities and the public respond to killings varies. Humans construct or interpret the killings differently based on the circumstances. For example, when humans kill those defined as enemies in wartime situations, this would be defined as a homicide, but it would not be defined as a criminal act. The same is true when one kills in defense of oneself or others. In these cases, though a homicide has been committed, it is defined as killing for self-defense or a justified or lawful killing. To make matters more confusing, across the world, and even within the United States, what is defined as a murder and a murder victim will differ by jurisdiction, and even who by definition can commit a murder may differ. Take the case of the killing of a pregnant woman. The killing of the woman would no doubt be defined as a homicide, but the killing of her unborn child may or may not be defined as a homicide depending on when and where the crime happened and [Page 337]to what stage the pregnancy had progressed. This is because the killing of an unborn child or fetus may not be considered the killing of a human in all places. Similarly, if a 4-year-old child kicks his younger sister or brother to death, it would be defined as a homicide, but in many jurisdictions, the killing would not be considered a murder and the child would not be prosecuted, because 4-year-old children are not seen as having the mental ability (mens rea) to understand what they are doing and thus be charged with a crime.

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