Homicide

Homicide is the taking of a person's life. This includes justifiable homicide and state-sanctioned executions as well as murder. In cases of self-defense or when states hold executions, these are viewed as homicides but are not considered illegal killings. (The cause of death on the death certificate of a person executed in California is listed as “homicide.”)

A murder, which is a form of homicide, requires an illegal taking of another's life. Each state within the United States has very specific criteria for defining murder. From a judicial point of view, the most serious murders are capital cases. Such cases may qualify a person, if convicted, for a death sentence. However, most persons convicted of first-degree murder find their way into lengthy prison terms. First-degree murder usually includes felony murder, or murder committed while in the course of committing another felony, such as killing someone while robbing a bank. Other forms of first-degree murder include poisoning, lying in wait, torture, use of explosives, and in some states, such as California, using armor-piercing bullets, or “drive-by” killings.

To receive a death sentence in California, an offender must be “death eligible,” which means that the person must have committed a murder. Usually, for a sentence of death, the offender must have willfully, deliberately, and with premeditation murdered another with special circumstances. These special or aggravating circumstances in first-degree murder include a prior murder by the offender; multiple murder; killing of a peace officer, witness, prosecutor, or judge; lying in wait; torture with intent to kill; murder due to race, ethnicity, religion, or nationality; felony murder; and use of poison. Even when an offender does receive a death sentence, the likelihood of actually being executed is minimal. In California, the average length of time for an appeals process to be completed is 14 years and 9 months. Most of the condemned in California die of illness, old age, or suicide.