Understanding The Legal Difference Between Homicide, Murder, And Manslaughter
Aug 13, 2020 11:46 AM EDT
Legal terms can be quite confusing at times, and if you don't have much experience in the legal or judiciary worlds, some of these terms might seem a little unclear. It's also quite common for terms to get jumbled together, appearing interchangeable to many, despite having very different legal definitions.
The terms 'murder', 'manslaughter', and 'homicide' may be used by some people interchangeably, for instance, but they all have very specific definitions and definitely don't mean the same thing. So, if you've ever wondered about the exact differences between murder, manslaughter, and homicide, this guide should help to clarify the matter for you.
Homicide
Let's begin by taking a closer look at the definition of homicide. Homicide is actually the broadest of the three terms listed above, as it simply refers to one person killing another, incorporating both murder and manslaughter.
Homicide isn't always illegal. For example, a homicide might be committed by someone acting in self-defense, killing an intruder or fighting off an attacker, or a homicide might occur completely by accident, with no malice or intent. So just because someone has committed a homicide, they won't necessarily be prosecuted and punished for it, depending on the circumstances.
Murder
The legal definition of murder covers any intentional, unlawful killing that has been committed with "malice aforethought", which essentially means that the murderer had an intent to kill someone without any justifiable legal reason behind their actions.
The word 'murder' can also be applied in cases where someone inflicts such serious bodily harm to another person that it leads to that person's death, or when someone's reckless or neglectful behavior towards someone else leads to their death.
First And Second Degree Murder
Murder cases can be divided down even further into first and second degree murders. There are also 'third degree murders', but these are usually classed as manslaughter cases (more on that below). Many people aren't sure about the difference between first and second degree murders, and the key to understanding this difference is to look at whether or not the murder was planned.
If it was premeditated and planned out, it will be classed as a first degree murder. An example of this would be a murderer stalking their victim and buying a murder weapon in advance of the crime, for instance. If a murder is unplanned but still intentional, it will be classed as a second degree murder. An example of this would be someone getting very angry or violent in the heat of the moment.
The main difference between first and second degree murder, therefore, is the mindset and intent of the murderer. Felony murders are also classed in the first degree category.
Felony Murder
A felony murder is another term that you might hear on the news or in court reports, and it concerns a specific kind of murder in which someone has been killed while another felony is taking place.
For example, if someone heads into a store armed with a handgun, with the intent to steal from the cash register, and ends up shooting and killing a worker or customer, the crime will be classed as a felony murder.
Felony murders can also include more indirect cases. For example, if someone commits arson by setting fire to a building and then a firefighter dies during the course of trying to control the blaze or rescue someone from inside, the arsonist will be faced with a felony murder charge.
Sentencing For Murder
Most states will have a minimum sentence for any murder case, but the minimum will almost always be higher for a first-degree murder case than a second-degree case.
In some states, the death penalty may be enforced for first-degree murder, or a life sentence may be handed out to the defendant.
Those accused and convicted of second-degree murder are more likely to receive a set number of years in prison, rather than life or death penalties.
Manslaughter
Manslaughter is classed as a kind of homicide but is very different from murder. As a homicide, it involves the killing of a person, but unlike murder, it doesn't involve malice, planning, or premeditation. There are a few different kinds of manslaughter to cover: voluntary, involuntary, and vehicular.
Voluntary Manslaughter
Voluntary manslaughter is when someone kills another person and has intent to do so, but was only responding to "adequate provocation". It may seem like a murder in some ways, and some cases can walk a fine line between murder and manslaughter.
However, usually, for a crime to be classed as voluntary manslaughter rather than murder, it means the defendant was acting in a fit of rage or panic caused by the actions of others.
A commonly cited example of this is a man who walks in on his spouse having an affair and kills her or her lover, provoked by the shock of the discovery and subsequently losing self-control.
Involuntary Manslaughter
Involuntary manslaughter, on the other hand, occurs when someone kills a person through lack of care or reckless behavior, such as texting while driving and accidentally running someone over, or someone discharges a firearm, without aiming it at a person, and the bullet ricochets and kills someone.
The key difference between voluntary and involuntary manslaughter is that the latter involves no intent to harm on the part of the defendant. They were simply behaving negligently or recklessly and another person paid the price for this behavior.
Vehicular Manslaughter
Vehicular manslaughter usually involves someone killing a person while driving intoxicated or looking at their phone instead of the road, but the exact specifics of the definition, as with the other definitions listed above, can vary from state to state and region to region.
Conclusion
Hopefully, this guide will help you better understand the main differences between murder, manslaughter, and homicide, as well as the various sub-types of murder and manslaughter that might come up in news stories or court reports you read in the future.
