Homicide is an all-encompassing term that defines the killing of one person by another. Not all homicides are crimes; some are legal, such as self-defense or justifiable killings. Unlawful homicides are offenses such as manslaughter and murder. In criminal cases, the difference between the two may focus more on the defendant’s morality than on legal rulings. In this article is an explanation of the differences between manslaughter and murder.
Murder Legally Defined
Under common law, murders are defined as intentional killings that are unlawful and committed with malice and forethought. The latter does not require hate or malice on the part of the killer, and it is not limited to intentional acts. Malice and forethought can exist in cases where a person inflicts bodily harm that causes death, or when they behave in a reckless way that shows a lack of regard for life. Today, though, the definition of murder comes by statute, and one must look to the law for guidance.
First and Second Degree Murder: The Differences
Even in cases where people kill with forethought and malice, laws regard some killers as more blameworthy and dangerous than others. The most dangerous killings are classed as first-degree murders. A killing involving slightly less malice is classed as second-degree murder. Rules vary as to the circumstances constituting a first-degree murder, but these situations frequently do so.
- The killing is done in a premeditated, deliberate way. Here, a killer must have intent and the time to ponder the matter.
- The death happens during the commission of a felony. Called felony murder, a person can be found guilty even if they are not the killer. In most jurisdictions, the death must be reasonably foreseeable as a result of the commission of the felony.
Consequences of Committing Murder
Most jurisdictions have mandatory minimum sentencing requirements in murder cases, and the minimum for first-degree murders is higher than for second-degree murder. A defendant facing a first-degree murder conviction can sometimes face the death penalty, or life without the chance of parole. A defendant with a second-degree murder conviction typically measures their sentence in years, and can usually get parole. Regardless of the degree, a murder conviction has severe and life-long consequences. Those facing murder charges should retain the services of a Vinas & Graham as soon as possible.
