Homicide

Definition: Homicide

Homicide per se is not a crime. A homcide is a killing of one person by another person.

Homicide can be lawful or unlawful. At common law, homicides are classified as excusable homicide, justifiable homicide, or criminal homicide, but the common law does not classify murder into degrees (such as first-degree homicide, second-degree homicide, or first-degree intentional homicide, etc.).

Excusable Homicide

An excusable homicide is an illegal homicide for which the law provides an excuse. An exeusable homicide does not mean that the defendant is not without fault, but rather, that the law will not hold the defendant to the same degree of criminal liability for the homicide that he would be held to had he committed it criminally.

Excusable homicides include those committed by an infant, by a person with a mental defect (mental insanity), or by an involuntarily intoxicated person.

See more at Excuse

Justifiable Homicide

A justifiable homicide, like an excusable homicide, is an unlawful homicide for which the law provides a justification or an excuse.

Justifiable homicides include those committed in self defense, defense of others, defense of property, prevent of a crime, stopping a fleeing felon, or by reasonable mistake.

Criminal Homicide

Criminal homicide is the unlawful killing of another human being.

Criminal homicide includes murder and manslaughter, and in some jurisdictions, negligent homicide.

More information at Criminal Homicide