Types of Homicide and Degrees of Murder

Under American law, many crimes, such as theft and homicide, are divided into degrees. For example, states often divide theft into two degrees, grand and petty theft, the dividing line being a predesignated dollar value.

Determining the degree of a homicide under American law, on the other hand, is highly complicated. The federal government and each American state have developed their own unique degree schemes, creating a patchwork grading system that can confuse even the most stout-hearted legal scholar.

[Page 239]There are no magical numerical cutoffs in homicide law. Jurors must consider the unique circumstances of each death and juggle ethereal concepts such as blameworthiness in light of universal human frailty. Before rendering a decision, jurors must weigh the manner of the killing—was it committed with quick and painless dispatch or brutal torture?—the intent behind the killing—was it done on purpose or by accident?—and sometimes the motive for the killing—was it a calculated murder for money or an instantaneous unleashing of passionate fury?

The rules of homicide vary so dramatically from state to state that it is impossible to assess the degree of a particular homicide without reference to the laws of the state having jurisdiction over the crime. Perhaps the most dramatic demonstration of the huge variation in American approaches to homicide law is seen in felony murder statutes. Let us say, for example, that while robbing a liquor store, Todd was shocked to see his partner, Jonah, grab a flashlight from a shelf and beat the storeowner to death with it. In some states, Todd could be convicted of firstdegree murder and sentenced to death, even if he tried to stop his partner from killing the storeowner. In other jurisdictions, Todd could not be charged with any degree of murder because he himself struck no blows. Despite this wide variation, a pattern can be seen among the various state approaches to homicide law. As long as the reader understands that statutes vary, the following general outline should aid in understanding the American approach to homicides.

Typically, homicides are classified from most blameworthy to least, as follows:

• 1.
  First-degree murder
• 2.
  Second-degree murder
• 3.
  Voluntary manslaughter
• 4.
  Involuntary manslaughter
• 5.
  Noncriminal homicides

Criminal homicide is the proper term for any homicide that is punishable by law, including murder, voluntary manslaughter, and involuntary manslaughter. Murder and manslaughter are distinct offenses, not degrees of murder. Murder is divided into two degrees in most states, though some provide a third degree of murder for killings that were not murder at common law. Manslaughter is divided into two subcategories as well, voluntary and involuntary.