Death-Related Crime

Murder and Homicide

The terms homicide and murder both refer to the killing of one human being by another. However, murder is a narrower concept and applies only to cases in which a killing is defined as criminal. The term homicide refers not only to murder but also to other acts of killing that are deemed justifiable, primarily actions that involve self-defense.

Although different jurisdictions have different definitions of criminal homicide, most states distinguish between first-degree and second-degree murder. First-degree murder requires the presence of both premeditation—that is, planning the killing ahead of time—and malice aforethought, or the specific intent to kill the victim. In addition, courts may allow prosecution of an offender for first-degree murder under the felony murder rule, if the murder is committed in the course of another felony crime. In such a case, the offender can be charged with murder even if the killing is accidental or unintentional. The general approach of the courts is that such charges should be brought only when the felony the offender intended to commit was dangerous; however, there are significant differences in how this concept is applied. Second-degree murder, in [Page 327]contrast, involves cases in which the offender intended to kill another person but did not plan the killing ahead of time.

An unsuccessful effort to kill someone is known as attempted murder. Planning by two or more individuals to kill someone is known as conspiracy to commit murder.

Variations of homicide include infanticide and neonaticide. The former refers to the killing of a child under the age of 1 year. An example of infanticide is a babysitter caring for a 10-month-old infant, who violently shakes the child when it will not stop crying, resulting in the death of the infant. Neonaticide is the killing of a newborn on the day of its birth. An illustration of this variety of murder is an unmarried pregnant teenager who has an unassisted birth and then smothers the infant and throws the body in the trash to disguise the fact of her illegitimate baby.

Manslaughter

The crime of manslaughter is a lesser charge than homicide and is distinguished from murder by the offender's state of mind. In the case of voluntary manslaughter, the offender intends to cause serious injury or death, but the offender may have formed this intention and carried out the act in the heat of passion; for example, the offender may have been uncontrollably enraged by discovering his or her spouse with a lover, or by seeing someone attacking his or her child. Courts also distinguish between second-degree murder and voluntary manslaughter in part by considering not only whether the action was done in the “heat of passion” but also whether if was provoked by something that might have caused a reasonable person to temporarily lose self-control.

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