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What is homicide?
Homicide means the killing of another human being — it can be lawful (like self-defense or wartime) or unlawful (like murder or manslaughter).
Are all homicides crimes?
No. Some homicides are lawful, such as in war, self-defense, or police actions.
What is murder?
Murder is an unlawful homicide committed intentionally and with “malice aforethought.”
What does “malice aforethought” mean?
A state of mind showing intent to kill, intent to cause serious harm, reckless disregard for life, or intent to commit a dangerous felony that causes death.
What are the three main degrees or types of murder?
First-degree (premeditated), second-degree (intentional but not premeditated), and felony murder (death during a felony).
What is first-degree murder?
A deliberate, planned, premeditated killing. Example: Jodi Arias killing her ex-boyfriend after planning it.
What is second-degree murder?
An intentional killing without premeditation, often impulsive but still intentional. Example: Keith Appling shooting a relative during an argument.
What is felony murder?
A killing that happens during the commission of a felony, even if the defendant didn’t directly kill the victim.
Can someone be guilty of felony murder if an accomplice dies?
Yes — if a death occurs during the felony, participants can all be charged with murder.
What is manslaughter?
he unlawful killing of another person without malice aforethought.
What are the two main types of manslaughter?
Voluntary and involuntary manslaughter.
What is voluntary manslaughter?
An intentional killing in the “heat of passion” or under strong provocation. Example: killing a spouse’s lover in rage.
What is “imperfect self-defense”?
When someone kills believing they’re in danger, but their belief or reaction is unreasonable — often charged as voluntary manslaughter.
What is involuntary manslaughter?
An unintentional killing caused by criminal negligence or recklessness. Example: Hannah Gutierrez-Reed in the Rustshooting case.
What is vehicular manslaughter?
Causing death through negligent or reckless driving, or while violating DUI or traffic laws.
What are common defenses to murder?
Self-defense, heat of passion, insanity, impairment, and infancy (young age).
What is self-defense?
The justified use of deadly force to prevent immediate harm or death. Example: George Zimmerman’s defense in the Trayvon Martin case.
What does “heat of passion” mean as a defense?
Acting under intense emotion caused by provocation, reducing murder to manslaughter or no charge at all.
How can mental disorder be a defense?
If the defendant couldn’t understand the nature or wrongfulness of their actions, they may be found not guilty by reason of insanity.
How can intoxication affect a murder charge?
It can show lack of intent, reducing murder to manslaughter, but it’s not a defense to manslaughter itself.
Can children be prosecuted for murder?
Usually only if they meet a minimum age for prosecution; very young children are generally not prosecuted.
What are typical penalties for murder?
Life in prison for first-degree murder (with or without parole); second-degree usually decades in prison; some states allow the death penalty.
What are typical penalties for manslaughter?
Much lower — usually several years to about 10–15 years in prison. Voluntary manslaughter almost always carries prison time; involuntary may not.