Editing Homicide (section)

== Criminality ==
[[Criminal]] homicide takes many forms, including accidental killing and murder. Criminal homicide is divided into two broad categories—[[murder]] and [[manslaughter]]—based upon the [[Mental state|state of mind]] and intent of the person who commits the homicide.<ref name="mlawmurder">{{cite book |title = Criminal Law: Criminal Homicide |chapter-url = http://open.lib.umn.edu/criminallaw/part/chapter-9-criminal-homicide/  |publisher = University of Minnesota |access-date = 11 September 2017 |url-status = live |archive-url = https://web.archive.org/web/20170911204657/http://open.lib.umn.edu/criminallaw/part/chapter-9-criminal-homicide/ |archive-date = 11 September 2017 |df = dmy-all |chapter = Chapter 9: Criminal Homicide |date = 17 December 2015 }}</ref>

A report issued by the [[United Nations Office on Drugs and Crime]] in July 2019 documented that nearly 464,000 people around the world were killed in homicides in 2017, a number significantly in excess of the 89,000 killed in armed conflicts during the same period.<ref>{{Cite web|url=https://www.unodc.org/unodc/en/frontpage/2019/July/homicide-kills-far-more-people-than-armed-conflict--says-new-unodc-study.html?ref=fs1|title=Homicide kills far more people than armed conflict, says new UNODC study|website=[[unodc.org]]|access-date=2019-07-09|archive-url=https://web.archive.org/web/20200503223850/https://www.unodc.org/unodc/en/frontpage/2019/July/homicide-kills-far-more-people-than-armed-conflict--says-new-unodc-study.html?ref=fs1|archive-date=3 May 2020|url-status=live}}</ref>

=== Murder ===
{{main|Murder}}
Murder is the most serious crime that can be charged following a homicide. In many jurisdictions, murder may be punished by [[life imprisonment|life in prison]] or even [[capital punishment]].<ref>{{cite web |title = Federal Laws Providing for the Death Penalty |url = https://deathpenaltyinfo.org/federal-laws-providing-death-penalty |website = Death Penalty Information Center |access-date = 11 September 2017 |url-status = live |archive-url = https://web.archive.org/web/20170911204720/https://deathpenaltyinfo.org/federal-laws-providing-death-penalty |archive-date = 11 September 2017 |df = dmy-all }}</ref> Although categories of murder can vary by jurisdiction, murder charges fall under [[Murder#Degrees of murder|two broad categories]], or ''degrees'':
* First degree: The [[premeditated]], unlawful, intentional killing of another person.
* Second degree: The intentional, unlawful killing of another person, but without any premeditation.

In some jurisdictions, a homicide that occurs during the commission of a dangerous [[crime]] may constitute murder, regardless of the actor's intent to commit homicide.  In the [[United States]], this is known as the [[felony murder rule]].<ref name="felonymurder">{{cite journal |last1 = Fletcher |first1 = George P. |title = Reflections on Felony Murder |journal = Southwestern University Law Review |date = 1980 |volume = 12 |page = 413 |url = http://heinonline.org/HOL/LandingPage?handle=hein.journals/swulr12&div=30&id=&page= |access-date = 11 September 2017 |url-status = live |archive-url = https://web.archive.org/web/20171208013627/http://heinonline.org/HOL/LandingPage?handle=hein.journals%2Fswulr12&div=30&id=&page= |archive-date = 8 December 2017 |df = dmy-all }}</ref> In simple terms, under the felony murder rule a person who commits a felony may be guilty of murder if someone dies as a result of the commission of the crime, including the victim of the felony, a bystander or a co-felon, regardless their intent—or lack thereof—to kill, and even when the death results from the actions of a co-defendant or third party who is reacting to the crime.
==== Preterintentional killing ====
{{Main|Preterintention}}

The preterintentional killing<ref>{{Cite book |last1=Palermo |first1=George B. |url=https://books.google.com/books?id=eoqgC7_NG9cC&q=preterintentionhttps%3A%2F%2Fbooks.google.it%2Fbooks%3Fid%3DeoqgC7_NG9cC&pg=PA57 |title=Offender Profiling: An Introduction to the Sociopsychological Analysis of Violent Crime |last2=Kocsis |first2=Richard N. |date=2005 |publisher=Charles C Thomas Publisher |isbn=978-0-398-07549-1 |language=en}}</ref> occurs when a person,<ref>{{Cite web |last=Asworth |first=Andrew |date=2013 |title=Principles of Criminal Law |url=https://aghalibrary.com/storage/books/1609402608_AghaLibrary.pdf |website=aghalibrary.com }}</ref> with actions aimed at hitting or harming, unintentionally causes the death of a person:<ref>{{Cite book |last1=Reed |first1=Alan |url=https://books.google.com/books?id=RCJ4EAAAQBAJ&q=Alan+Reed+homicide |title=Fault in Criminal Law: A Research Companion |last2=Bohlander |first2=Michael |date=2022-08-22 |publisher=Taylor & Francis |isbn=978-1-000-63052-7 |language=en}}</ref> the agent will be liable for objective responsibility (or fault, for the laws that require it)<ref>{{Cite book |last=Horder |first=Jeremy |url=https://books.google.com/books?id=YurbBAAAQBAJ&q=jeremy+horder+homicide |title=Homicide Law in Comparative Perspective |date=2007-12-10 |publisher=Bloomsbury Publishing |isbn=978-1-84731-385-0 |language=en}}</ref> for the death event.<ref>{{Cite book |last1=Reed |first1=Alan |url=https://books.google.com/books?id=HVFtDwAAQBAJ&q=Alan+Reed+homicide |title=Homicide in Criminal Law: A Research Companion |last2=Bohlander |first2=Michael |date=2018-10-03 |publisher=Routledge |isbn=978-1-351-01629-2 |language=en}}</ref>

=== Manslaughter ===
{{main|Manslaughter}}

Manslaughter is a form of homicide in which the person who commits the homicide either does not intend to kill the victim, or kills the victim as the result of circumstances that would cause a reasonable person to become emotionally or mentally disturbed to the point of potentially losing control of their actions.<ref name="mlawmanslaughter">{{cite book |title = Criminal Law: Manslaughter |chapter-url = http://open.lib.umn.edu/criminallaw/chapter/9-6-manslaughter/  |publisher = University of Minnesota |access-date = 11 September 2017 |url-status = live |archive-url = https://web.archive.org/web/20170910040535/http://open.lib.umn.edu/criminallaw/chapter/9-6-manslaughter/ |archive-date = 10 September 2017 |df = dmy-all |chapter = 9.6 Manslaughter |date = 17 December 2015 }}</ref> The distinction between murder and manslaughter is sometimes said to have first been made by the ancient Athenian lawmaker [[Draco (lawgiver)|Draco]] in the 7th century BC. The penalty for manslaughter is normally less than the penalty for murder. The two broad categories of manslaughter are:<ref name="mlawmanslaughter" />
* [[Voluntary manslaughter]]: the intentional, unpremeditated killing of another person as the result of a disturbed state of mind, or ''heat of passion''.
* Involuntary manslaughter: the unintentional killing of another person through an act of recklessness that shows indifference to the lives and safety of others, or an act of negligence that could reasonably be foreseen to result in death. The act that results in death may be intentional, such as pushing somebody in anger, but their death (such as by their subsequently falling, striking their head, and suffering a lethal head injury) is not.

Another form of manslaughter in some jurisdictions is ''constructive manslaughter'', which may be charged if a person causes a death without intention but as the result of violating an important safety law or regulation.<ref>{{cite journal |last1 = Slapper |first1 = Gary |title = Corporate Manslaughter: an Examination of the Determinants of Prosecutorial Polic |journal = Social & Legal Studies |date = 1 December 1993 |volume = 2 |issue = 4 |pages = 423–443 |doi = 10.1177/096466399300200404 |s2cid = 1337567 |url = http://oro.open.ac.uk/20975/2/1535A240.pdf |access-date = 13 June 2019 |archive-url = https://web.archive.org/web/20200212051500/http://oro.open.ac.uk/20975/2/1535A240.pdf |archive-date = 12 February 2020 |url-status = live }}</ref><ref>e.d. fatal accidents with alpinists [https://www.lemonde.fr/archives/article/1999/09/09/condamnation-de-deux-alpinistes-pour-homicide-involontaire_3575132_1819218.html ''Condamnation de deux alpinistes pour « homicide involontaire »''] {{Webarchive|url=https://web.archive.org/web/20190205133104/https://www.lemonde.fr/archives/article/1999/09/09/condamnation-de-deux-alpinistes-pour-homicide-involontaire_3575132_1819218.html |date=5 February 2019 }} [https://www.ledauphine.com/haute-savoie/2015/12/11/l-avocat-du-syndicat-des-guides-derape-sur-l-arete-du-gouter ''L’avocat du syndicat des guides dérape sur l’arête du Goûter''] {{Webarchive|url=https://web.archive.org/web/20181226233049/https://www.ledauphine.com/haute-savoie/2015/12/11/l-avocat-du-syndicat-des-guides-derape-sur-l-arete-du-gouter |date=26 December 2018 }}</ref>

=== Lawful excuse ===
{{main|Justifiable homicide}}
Not all homicides are crimes, or subject to criminal prosecution.<ref>{{cite journal |last1 = Stevens |first1 = T.L. |title = Manslaughter and Negligent Homicide |journal = Judge Advocate General Journal |date = February 1957 |volume = 1957 |url = http://heinonline.org/HOL/LandingPage?handle=hein.journals/naval1957&div=13&id=&page= |access-date = 11 September 2017 |url-status = live |archive-url = https://web.archive.org/web/20171208013627/http://heinonline.org/HOL/LandingPage?handle=hein.journals%2Fnaval1957&div=13&id=&page= |archive-date = 8 December 2017 |df = dmy-all }}</ref> Some are legally privileged, meaning that they are not criminal acts at all. Others may occur under circumstances that provide the defendant with a full or partial defense to criminal prosecution. Common defenses include:

* [[Right of self-defense|Self-defense]]: while most homicides by civilians are criminally prosecutable, a [[right of self-defense]] (often including the right to defend others)<ref>See, e.g., California Constitution, Art. 1, Sec. 1</ref> is widely recognized, including, in dire circumstances, the use of deadly force.<ref>See, e.g., California Penal Code, Sec. 197.</ref>
* [[Insanity defense|Mental incapacity]]: A defendant may attempt to prove that they are not criminally responsible for a homicide due to a mental disorder.  In some jurisdictions, mentally incompetent killers may be [[involuntary commitment|involuntarily committed]] in lieu of criminal trial. Mental health and development are often taken into account during sentencing. For example, in the United States, the death penalty cannot be applied to convicted murderers with intellectual disabilities.<ref>See the U.S. Supreme Court decision in ''[[Atkins v. Virginia]]''.</ref>
* [[Age of criminal responsibility|Defense of infancy]] – Small children are not held criminally liable before the age of criminal responsibility.  A [[juvenile court]] may handle defendants above this age but below the legal [[age of majority]], though because homicide is a serious crime some older minors are charged in an adult justice system.  Age is sometimes also taken into account during sentencing even if the perpetrator is old enough to have criminal responsibility.
* [[Justifiable homicide]] or privilege: Due to the circumstances, although a homicide occurs, the act of killing is not unlawful. For example, a killing on the battlefield during war is normally lawful, or a police officer may shoot a dangerous suspect in order to protect the officer's own life or the lives and safety of others.

The availability of defenses to a criminal charge following a homicide may affect the homicide rate. For example, it has been suggested that the availability of "[[Stand-your-ground law|stand your ground]]" defense has resulted in an increase in the homicide rate in U.S. jurisdictions that recognize the defense,<ref>{{cite web|last1=Vedantam|first1=Shankar|title='Stand Your Ground' Linked To Increase In Homicides|url=https://www.npr.org/2013/01/02/167984117/-stand-your-ground-linked-to-increase-in-homicide|website=All Things Considered|publisher=National Public Radio|access-date=25 January 2018|date=2 January 2013|url-status=live|archive-url=https://web.archive.org/web/20180126012809/https://www.npr.org/2013/01/02/167984117/-stand-your-ground-linked-to-increase-in-homicide|archive-date=26 January 2018|df=dmy-all}}</ref> including Florida.<ref>{{cite magazine|last1=Sanburn|first1=Josh|title=Florida's 'Stand Your Ground' Law Linked to Homicide Increase|url=https://time.com/4569145/florida-stand-your-ground-law-homicide-increase-study/|access-date=25 January 2018|magazine=Time|date=14 November 2016|url-status=live|archive-url=https://web.archive.org/web/20180323223358/http://time.com/4569145/florida-stand-your-ground-law-homicide-increase-study/|archive-date=23 March 2018|df=dmy-all}}</ref><ref>{{cite journal|last1=Cheng|first1=Cheng|last2=Hoekstra|first2=Mark|title=Does Strengthening Self-Defense Law Deter Crime or Escalate Violence? Evidence from Expansions to Castle Doctrine|journal=Journal of Human Resources|date=2013|volume=48|issue=3|pages=821–854|url=https://0673f437-a-62cb3a1a-s-sites.googlegroups.com/site/hoekstramarktamu/castle_doctrine.pdf |archive-url=https://web.archive.org/web/20180605031246/https://0673f437-a-62cb3a1a-s-sites.googlegroups.com/site/hoekstramarktamu/castle_doctrine.pdf |archive-date=2018-06-05 |url-status=live|access-date=25 January 2018|doi=10.1353/jhr.2013.0023|s2cid=14390513}}</ref>