Homicide, the killing of one human being by another, is not always criminal. Sir William Blackstone, a famous English lawyer, wrote in the eighteenth century that there were three kinds of homicide – justifiable, excusable, and felonious. He wrote that the first involved no guilt, the second involved little guilt, and the third was the highest crime that humans were capable of committing against the law of nature.
- Justifiable Homicide is defined in the common law as an intentional homicide committed under circumstances of necessity or duty without an even intent and without any fault or blame on the person who commits the homicide. Justifiable homicide includes state executions, homicides by police officers in the performance of their legal duty, and self defense when the person committing the homicide is not at fault.
- Excusable Homicide is the killing of a human being, either by misadventure or in self-defense, when there is some civil fault, error, or omission on the part of the person who commits the homicide. The degree of fault, however, is not enough to constitute a crime.
- Criminal (or felony) Homicide occurs when a person unlawfully and knowingly, recklessly, or negligently causes the death of another human being. The common law and the states have divided criminal homicide into the crimes of murder, manslaughter, and negligent homicide.
Criminal homicide encompasses a wide variety of acts. In criminal law, the acts and intent with which they were committed determine whether the homicide is intentional or unintentional. Such determination is relevant because penalties are more sever when the killing was intentional rather than a result of recklessness, negligence, or carelessness.
Homicide Lawyer
If you have been charged with homicide, it’s important to contact an experienced criminal lawyer who can protect your legal rights.
