What are the various types of Homicide?
In countries with a common law legal system (such as the US and Canada), there are generally three types of homicide charges, manslaughter, 2nd-degree murder or 1st-degree murder. In some states, there is also 3rd-degree murder.
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In countries with a common law legal system (such as the US and Canada), there are generally three types of homicide charges, manslaughter, 2nd-degree murder or 1st-degree murder. In some states, there is also 3rd-degree murder.
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*In this thread, we will be referencing general laws as well as those from Minnesota specifically. However, please be aware that there are variations in these laws depending on the state or country in which the alleged crime occurred.
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Manslaughter is generally when a person acts in a way that causes the death of another person without the intention to cause death.
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For example, there have been cases where a person is punched one time and dies. The person who did the punching intended to cause harm, but not death and is therefore guilty of manslaughter rather than murder.
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There may also be circumstances where causing death intentionally is considered manslaughter, such as when a person responds to provocation.
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3rd-degree murder is when a person acts in a dangerous way without regard to the safety of others, but without the intent to cause death.
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For example, if someone shot their gun at a wall or out a window, they may not have intended to cause death, but the very act of shooting a gun is inherently dangerous and doing so in this manner would be without regard for human life.
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2nd-degree murder is when a person caused the death of another person and intended to cause their death but did not have a pre-thought out plan to kill that person.
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For example, someone gets into a fight at a bar and stabs a person in the heart. They knew that stabbing a person in the heart would kill that person and intended them to die, but did not come to the bar with a plan to kill that person.
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1st-degree murder is when a person intended to kill someone, creates a plan to do so and carries that plan out.
For example, a man knows his wife cheated on him and he goes to her work with the plan to shoot her.
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For example, a man knows his wife cheated on him and he goes to her work with the plan to shoot her.
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There are also certain crimes where, if the victim dies while the crime is being committed, it is automatically classified as 1st-degree murder, such as kidnapping.
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When determining what type of homicide charges to bring against an accused, the prosecutor must consider the two main elements of a crime, the Actus Reus and the Mens Rea.
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Actus Reus is Latin for “the guilty act” and is a legal term for the actual physical action that has been criminalized. In the case of homicide that is the physical act of taking the life of another human.
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The prosecutor must gather evidence to prove that the accused committed the act that killed the victim. For example, the prosecutor must prove that the accused pulled the trigger on the gun.
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Mens Rea is Latin for “the guilty mind” and this is a legal term for the mental act or intent of the accused. A prosecutor must prove that the accused intended to cause harm.
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For example, if you slip and fall into another person and hit them in the arm, even though you committed the physical action of assault (i.e. touching another person without consent), there was no intent to cause harm to that person, so no assault.
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When deciding what charges to bring against an accused the prosecutor must consider whether they have enough evidence to prove both of these elements of the offence.
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So, to prove 3rd-degree murder the prosecutor must prove that the accused intended to do the action that caused death and that they knew that the action was dangerous.
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To prove higher degrees of murder, the prosecutor would have to show that the accused intended to cause the death of the victim, not just harm the victim, but intended them to die.
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