Homicide is a crime in which one person dies through an unlawful act of another. Killings are of three types. Each has a specific requirement:
Murder
Manslaughter
Justifiable homicide
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What is Murder?
Many people think that murder is killing another person. Under the law, crime is of three types, and it involves:
Direct action or actions – which cause a person’s death. Some states say fetuses when defining a person. When killing a pregnant lady will count as two murders.
Malicious intent – the accused must, during the time of the killing, if wish to severely injury or/and end another person's life.
The killing was unlawful
What is Malice?
It convicts a common-law murder, and the killing must need malice deliberately. It is known as malice. It does not mean that the accused acted out of spite or hate towards the pinned victim. However, malice knowingly exists when:
When the defendant intentionally wanted to kill
When the defendant purposely injured the body that causes the victim's death
When he or she behaves in a way that shows reckless, extreme disregard to the human life that emerges in a victim’s death
A defendant that’s convicted of murder even if they did not purposely commit a killing but were involved in the incident or behaved in a way that led to a high risk of death to human life. If that situation results in death on another, the accuser will be liable for murder.
Gradation of Murder – varies with state
First Degree Murder – usually, a killing which is intentional and deliberate or in conjunction with a felony
Many countries consider that killing as a First Degree Murder includes:
· There is a movement of the victim, like kidnapping
· The defendant was waiting, intending to ambush the victim
· If there is a death of the police officer
· The killing was taken place during a constitutionally dangerous felony.
· When there is torture taking place
Second Degree Murder – is a non-premeditated killing that results from an attack where death was a distinct probability.
Second Degree Murder that's identified where there was:
· Heat of passion
· A sudden quarrel or a fight
What is the difference between a First Degree and a Second Degree Murder?
Many states have legal degrees for murder. The rules fluctuate from state to state as to what resources makes an intentional killing a first degree or a second-degree murder, but here are some following circumstances noted:
· The killing was premeditated and deliberate: if the killer has plan intentionally to kill and has time no matter how slight or brief to reflect on the murder, the killing that's called planned and deliberate. If the killer has a chance to think about another, the killing is called voluntary. If these factors are present, the accuser will be liable for first-degree murder.
· The killing happens during a dangerous crime: under the offense murder rule doctrine, a culprit can be guilty of first-degree murder of the death of the person other than a co-criminal appears during the situation of a dangerous crime, even if the culprit is not a killer. The end must be a particular consequence of the first crime. If this element that's met, then the accuser would be liable for first-degree murder.
· Any other killing that includes malice: if the killing was not deliberate and planned and did not happen during a commission of a dangerous crime, then all the other murders will be called a second-degree death.
What is the difference between a Murder and Manslaughter?
Manslaughter is killing another human life without any malicious intent. However, every state usually has a different distinction between the degrees of manslaughter and murder. It could mean that a second-degree death in another state could be voluntary manslaughter in another.
The main difference between manslaughter and murder relies on the accuser’s state of mind. Generally, death needs that the killing that’s made with malice aforethought, deliberation, and premeditation!
However, both types of homicide count as culpable homicide relying on the happenings
Is there any Legal Protection to a Murder Charge?
The most reliable way to defeat murder charges is to bargain one of the factors of the murder: intent and act. If the accuser can prove that there is no proof that he committed the incident, then he would be clean from any murder or manslaughter charges.
However, if the defendant that’s connected to the act, then there is a possibility to decrease the murder charges by proving that there was no intention. Reducing the crime lowers the sentence.
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