homicide

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Related to Criminal homicide: Excusable homicide

homicide

(hŏm`əsīd), in law, the taking of human life. Homicides that are neither justifiable nor excusable are considered crimes. A criminal homicide committed with malicemalice,
in law, an intentional violation of the law of crimes or torts that injures another person. Malice need not involve a malignant spirit or the definite intent to do harm.
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 is known as murdermurder,
criminal homicide, usually distinguished from manslaughter by the element of malice aforethought. The most direct case of malicious intent occurs when the killer is known to have adopted the deliberate intent to commit the homicidal act at some time before it is actually
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, otherwise it is called manslaughtermanslaughter,
homicide committed without justification or excuse but distinguished from murder by the absence of the element of malice aforethought. Modern criminal statutes usually divide it into degrees, the most common distinction being between voluntary and involuntary
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. A homicide is excusable if it is the result of an accident that occurred during a lawful act and that did not amount to criminal negligencenegligence,
in law, especially tort law, the breach of an obligation (duty) to act with care, or the failure to act as a reasonable and prudent person would under similar circumstances.
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. Justifiable homicides are intentional killings done in accordance with legal obligation, or in circumstances where the law recognizes no wrong. They include the execution of criminals in some states, killings necessary to prevent a felonyfelony
, any grave crime, in contrast to a misdemeanor, that is so declared in statute or was so considered in common law. In early English law a felony was a heinous act that canceled the perpetrator's feudal rights and forfeited his lands and goods to the king, thus depriving
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 or to arrest a suspected felon, and killings in self-defense. In some states of the United States, one may lawfully kill in resisting the unlawful invasion of a home or real propertyproperty,
rights to the enjoyment of things of economic value, whether the enjoyment is exclusive or shared, present or prospective. The rightful possession of such rights is called ownership.
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. Many states make a distinction between first and second degree murders. First degree murder is a homicide committed with deliberately premeditated malice, or with extreme and wanton malice. The conviction for first degree murder often carries a sentence of life imprisonment; in some states it can be punished by execution. Second degree murder is a lesser crime, in which a homicide is committed with malice but without deliberation or premeditation.

Bibliography

See B. L. Danto, The Human Side of Homicide (1982); J. M. Macdonald, The Murderer and His Victim (1986).

Homicide

 

in criminal law, a crime consisting of the intentional or negligent deprivation of human life. Under Soviet law, homicide is the most serious crime against the person. The law distinguishes intentional homicide (murder), intentional homicide under aggravating circumstances, intentional homicide committed in a state of strong mental agitation, homicide committed while exceeding the limits of necessary defense, and negligent homicide (involuntary manslaughter).

The severest punishment—deprivation of freedom for a term of eight to 15 years, with or without exile, or death—is established for intentional homicide under aggravating circumstances: (1) from mercenary motives; (2) from motives of hooliganism; (3) committed in connection with the victim’s performance of his official or social duty; (4) committed with special cruelty; (5) committed in a manner dangerous to the life of many persons; (6) for the purpose of concealing another crime or facilitating its commission, or in conjunction with rape; (7) of a woman known to the guilty person to be pregnant; (8) of two or more persons; (9) committed by a person who has previously committed intentional homicide, with the exception of intentional homicide committed in a state of strong mental agitation and homicide committed while exceeding the limits of necessary defense; (10) committed because of a blood feud; and (11) committed by an especially dangerous recidivist.

Homicide in the absence of aggravating circumstances is punishable by deprivation of freedom for a term of three to ten years. Types of homicide committed under mitigating circumstances include homicide committed in a state of sudden, strong mental agitation caused by violence, serious insult, or other unlawful actions of the victim if these caused or could have caused serious consequences for the guilty person or those close to him; and homicide committed while exceeding the limits of necessary defense. The least serious type of homicide is negligent homicide (involuntary manslaughter). Death caused as the result of the intentional infliction of grave bodily injury must be distinguished from homicide.

homicide

1. the killing of a human being by another person
2. a person who kills another
References in periodicals archive ?
6 criminal homicides and 37 firearm suicides," (15) quoting a 1986 article by Kellermann and Reay.
They were found dead on April 18 at home in Lancaster County, Philadelphia, and Lippiatt was charged with criminal homicide on April 20.
When they were delivered on January 13, a baby girl survived but a twin boy was stillborn and Rowland was charged with criminal homicide.
The Supreme Court's 4-3 ruling was based in part on a 1999 state fetal homicide law that allowed prosecutors to charge those responsible for the death of an unborn child with criminal homicide.
when the defendant believes that such force is necessary to protect himself against death, serious physical injury, kidnapping, criminal homicide, burglary, robbery, deviate sexual intercourse, or sexual intercourse compelled by force or threat or an attempt to commit any of the offenses mentioned in this subsection.
He grimaced at onlookers as he was led into a magistrate's office, where he was charged with criminal homicide and reckless endangerment.
Criminal homicide constitutes murder when "it is committed recklessly under circumstances manifesting extreme indifference to the value of human life.
Wurst was charged as an adult with criminal homicide, three counts each of aggravated assault and reckless endangerment, as well as drug and gun charges.
Plane crashes, submerged vehicles, boating accidents, suicides, criminal homicide, swimming fatalities, ice rescues, and lost, damaged, or stolen evidence recovery represent just a few of the incidents forensic divers encounter.
Close case analysis is required to determine whether a driver has committed, a criminal homicide offense.
My Patterns in Criminal Homicide stands as solidly viable with respect to the offender-victim drama, the prior record of victims, and the victim-precipitated model, as indicated in studies in Chicago by Blocks, in Alberta by Silverman, in Montreal by Normandeau and many other places.

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