What Is Homicide in Criminal Law?
When considering the full landscape of criminal law, homicide is the most serious and consequential of all crimes. Murder, manslaughter, aggravated vehicular homicide, negligent homicide-all of these offenses are a variation of the same basic concept: unlawful killing. Because of the personal stakes involved, homicide is one of the most lamentable and sorrowful areas of criminal law. One person’s loss of life inevitably leaves another feeling anguish and remorse; combined with inevitable media attention, criminal homicide is often the most emotionally engaging, controversial and persuasive of cases.
According to the Penal Code, "Homicide is the unlawful killing of humans." Pen. C. § 12020. While the law distinguishes between different types of homicide (murder versus vehicular homicide, for instance) , the primary question of what constitutes homicide is essential to understanding the entirety of criminal law. The APA calls homicide "the killing of a human." American Psychological Association, APA Dictionary of Psychology (2013). Homicide (or homocide, as it is also spelled in several countries) is derived from the Latin word homo meaning man or human and cayusa-a derivative of caedere-which means to kill. Doane, Christopher James, Dictionary of Construction Terminology, 180 (2010). The term homicide predominates, however, and is described by Black’s Law Dictionary as "the killing of one person by another." Black’s Law Dictionary (9th ed. 2009).
An understanding of homicide rules is essential for anyone studying or practicing law, as it is the most important conceptual design of the study of criminal law. Specifically, criminal law deals with a society’s public standards of handling real social problems, such as this one.
Elements In the Charge of Homicide
While there are numerous types of homicide which attract criminal charges, they all share key elements that the prosecution must prove to achieve a conviction. While there are 5 degrees of murder and 2 types of manslaughter, all of these homicide charges essentially revolve around the same elements.
Intentionality
The first element of a homicide charge involves the perpetrator’s mens rea. The Latin term mens rea translates to "guilty mind." Simply put, the prosecution must show that the defendant intended to cause the death of a human being or was aware that the act he or she committed would likely cause death. For first degree murder, the defendant must intend to kill the victim in a way that was premeditated and deliberate. Second degree murder, however, can include intent in the moment rather than prior to the act. Third degree murder and manslaughter charges involve intent less clearly linked to the victim. It may be that the defendant meant to cause a separate harm or meant to threaten someone other than the eventual victim. The defendant may also have been involved indirectly.
Causation
The second element of a homicide charge hinges on the prosecution’s ability to tie the defendant directly to the death in question. While the example above demonstrates that intent can be directed toward a person other than the victim, the defendant cannot be charged with the homicide of a victim who is not dead. The prosecution must demonstrate that the action which resulted in the death directly involves the accused defendant.
Unlawful Killing
This element requires that the defendant is aware that the act is illegal and that a human being has in fact been killed. If the evidence does not conclusively tie the defendant to the death in the way described above, it will not complete the homicide charge.
The Crime and Punishment of Homicide
Murder is often contrasted with manslaughter, but both are significant crimes. Let’s look at the differences.
First-Degree Murder
Actionable under Penal Code § 187, first-degree murder is a killing which is premeditated and intentional. The person intends to kill another with premeditated malice aforethought which means that the decision to kill was thought out in advance. There are two different kinds of first-degree murder – intentional and unintentional. The intentional type is premeditated and capable of being planned before the act is taken. The killing is accomplished with malice.
Second-Degree Murder
Second-degree murder is any unlawful killing that was intentionally killed but without premeditation and deliberation. The intent behind the murder can be an intention to inflict serious bodily injury or it could also be a reckless indifference to human life. Examples of this include a street fight or an altercation that results in some death.
Voluntary Manslaughter
A voluntary manslaughter means that the murderer killed someone with intent to kill but that the death was under unusual circumstances. The unusual circumstances are generally in response to some sort of provocation, such as finding out that your spouse was cheating. However, the provocation must be enough to induce a reasonable person to kill. This means that you cannot be convicted of voluntary manslaughter because you became angry. You also cannot just claim the provocation, rather you must be suspected of killing the victim in a situation that would compel a person of average temper to behave in the same manner.
Involuntary Manslaughter
Involuntary manslaughter is unintentional killing without malice in the commission of an unlawful act not amounting to felony but done with such disregard for the life and safety of others as to constitute a felony. The degree of negligence required is the same degree of negligence necessary to support criminal liability.
Vehicular Manslaughter
A vehicular manslaughter is charging someone in the death of another person caused by the driving of a motor vehicle. The negligent act or driving must endanger human life.
Step by Step to Building a Homicide Flowchart
There are a lot of complicated factors to consider when charging a defendant with homicide. A rational approach, therefore, is to create a homicide flowchart that maps out decision points throughout the case. The first step in creating a homicide flowchart is to ask if there was a killing. The majority of criminal law homicide flows begin here. If there was no killing, you are done. There is no crime. But if there was one, the inquiry continues: was the killing criminal? If not, there still is no crime. If it was, the next question is: was it in the first or second degree? That is determined by the prosecutor’s decision (assuming you’re the prosecutor). If the killing did not qualify as first degree (which is automatically murder), then the question is whether it was murder or manslaughter. That captures first-degree murder and manslaughter as well as second-degree murder. The next question is whether it was voluntary or involuntary. If it was, it is either voluntary manslaughter or involuntary manslaughter. If not, it is a homicide that did not amount to murder or manslaughter. The next question to ask is whether the killing was justifiable. If it was, you are done because the case has not been made out. But if the killing was not justifiable, then the next question is whether it was excusable. If it was excusable, you are done again and the case is made out. But if it was not justifiable or excusable, the next choice is whether the killing was intentional or reckless. If it was intentional, then the homicide was either murder or manslaughter depending on the circumstances. The next choice is whether it was voluntary or involuntary. If it was voluntary, you’ve got a second-degree murder case. If it was involuntary, you have a manslaughter case. But if the killing was not intentional, then the killing was reckless. The next question is whether the homicide happened under circumstances showing extreme indifference to human life. If it did, you have a homicide that falls into the category of manslaughter or murder, depending on the facts. If it did not, then you have a scheme that requires further analysis: the "no intent" category in the criminal law homicide flowchart.
Criminal Law Cases: Precedents and Restatements
Numerous case laws and precedents have contributed to the understanding and application of the various forms of homicide in criminal law. Landmark cases have set important judicial interpretations that affect how homicide is prosecuted and convicted in different jurisdictions. One seminal case not only recognizes the different forms of homicide but also offers some guidance on how the courts may review homicide offences in the context of extenuating circumstances. In The State v. Makwanyane and Makwanyane and Another v. The State, the respondents in these consolidated cases were convicted for murder and sentenced to death. The matters were referred to the Constitutional Court where a question of law was posed about the constitutionality of the death penalty and whether such should be considered in the context of their respective circumstances. Writing for the Court, Kentridge AJ admitted that South African courts are burdened with many cases that concern the death penalty and despite the clear nature of the Constitution, there remains some uncertainty about the interpretation of the constitutional prohibition against the death penalty. The Court, in its effort to give meaning to the constitutional principle of equality before the law and the broad nature of the Bill of Rights, had to consider the human dignity, privacy of the person, status , freedom and security of the individual among other considerations in order to reach an interpretation that would place a limitation on the exercise of the legislative power in favour of reserving the ultimate decision to the courts. A third matter the Court was called upon to preside was concerned with the question of sentence in instances where the prescribed minimum sentences are applicable, but where evidence of extenuating circumstances is available. The matter involved, inter alia, two appeals which focused on the manner in which the courts ought to implement the amended minimum sentencing legislation passed by the Parliament of South Africa. The matter is significant because it recalibrates the balance between the judicial power and that of the legislature. More recently, The Supreme Court of Appeal, in S v. Hendricks, confirmed the mandatory lifesentence for certain offences such as op de Trikhuis, rape of a minor and murder with a firearm. The matter was concerned with the appropriate sentence for the appellant who had been convicted of murder in the form of dolus eventualis. His conviction was premised on the testimony of several witnesses who testified that they saw the appellant shoot and kill the deceased at the request of the deceased. The circumstances under which the appellant shot the deceased are recorded in the appeal judgment.
Education in Law Using Flow Charts
Criminal law flowcharts are a powerful tool in legal education, particularly in the teaching and understanding of criminal law. These visual aids break down complex legal concepts into simpler components, aiding both professors and students in the classroom and beyond.
Flowcharts help structure information in a way that reflects the hierarchical nature of legal analysis. For example, they may depict the progression of a criminal act from the initial actus reus (criminal act) through each element of mens rea (criminal intent) to potential defenses. Such a linear progression mimics the logical path a lawyer must follow in a courtroom.
This helps law students, who can then use flowcharts to study and confirm their understanding of materials. In the American context, legal textbooks typically describe the law; however, a flowchart can quickly present the most important terms or items in a subject. For example, preparing for exams, a student would have reviewed the material before exam day. Now it is time to study that material again.
In addition to reinforcing classroom instruction, flowcharts provide real-life applications of what law students learn. Legal education is different from a profession like engineering where students learn only theory and design models. Legal education transfers and applies theory and models to real life. A well-designed flowchart condenses elements of what actually occurs in the American justice system and places them into a helpful graphic.
For example, look at this criminal law flowchart. It’s simplified, but you can see how it organizes the material into a logical format.
Someone who commits a crime has often realized sooner or later that the law enforcement agency of that area is now focused on him. His friends and acquaintances have likely received notice of his situation and may treat him differently than before. Depending on the offense, he might face jail time. Now, he is motivated to speak to an attorney. Here is where the process of hiring an attorney begins with a candidate in the following chart:
This chart illustrates how a flowchart can be used to streamline a process. Here is an actual chart used by a criminal defense law firm that was recently updated. Feel free to download and use it to learn more about the steps involved when hiring a criminal defense attorney.
The Final Statement: The Future of Flowcharts in Criminal Law
As this detailed analysis of the various forms of homicide under California law has shown, criminal statutes are often anything but straightforward. Even when faced with a single, unambiguous definition, the elements that victims must prove in order to establish homicide are frequently numerous. The penalties for homicide can be life-changing in their own right, especially in cases of vehicular manslaughter or second-degree murder. At each stage of the legal process, prosecutors and defense attorneys must be aware of the history of the language used in existing laws, as well as the intent behind the legislators who wrote the original text. In more recent years, as discussed above in the case of People v . Babbitt, new definitions of homicide-related offenses have been challenged by defendants who claim their convictions are no longer appropriate under newer laws. As prosecution, defense, and appellate lawyers work through the many dimensions of a homicide case, visual representations can help attorneys navigate the complexity of different laws and how they apply to the facts at hand. In this context, flowcharts can help lawyers clearly illustrate the interplay of various homicide offenses and inform their strategies, regardless of the prevailing evidence. A flowchart can also bring critical elements of the case into greater context, allowing practitioners to identify not only when a specific offense may have occurred, but also the degree to which that offense is supported by circumstantial evidence.
