Homicide Laws
Homicide, the term for a killing of another person, is probably the most serious type of crime. A defendant often will face a long prison term upon a conviction. They might even face life imprisonment in some cases, or the death penalty under the federal system or in a state that has retained capital punishment. However, a defendant may be able to secure an acquittal or a reduction in the charge if they can mount a plausible defense.
States tend to divide homicide charges into two main categories: murder and manslaughter. Each of these categories usually contains further sub-categories. Murder may be charged as first degree or second degree in many states, for example, while manslaughter may take voluntary or involuntary forms.
Murder Defined
First-degree murder generally involves an unlawful homicide committed with intent and premeditation. This means that the defendant had time to deliberate before perpetrating the crime. In contrast, second-degree murder tends to occur when a defendant causes an unlawful homicide with intent but without premeditation. Many states also allow a prosecutor to charge second-degree murder when the defendant acted with extreme recklessness that showed a disregard for human life. Laws often call this mental state a “depraved heart.” (Certain states, such as Washington, classify “depraved heart” murder as first-degree murder.)
Under the felony murder rule, a defendant also may face a murder charge if a death occurred during the course of a felony in which they participated. Some states classify felony murder as first-degree murder and others as second-degree murder. The defendant does not need to have intentionally caused the victim’s death. They might even be convicted if a co-felon caused the victim’s death. The felony murder rule often applies only to certain dangerous felonies enumerated by statute.
Manslaughter Defined
Voluntary manslaughter generally involves a homicide committed in response to a severe provocation. The defendant must have acted in a “heat of passion," which could have similarly arisen in a reasonable person. One traditional example of a severe provocation (although not universally recognized anymore) is discovering a spouse in the act of adultery.
On the other hand, involuntary manslaughter involves an unlawful but unintentional homicide. The prosecutor usually must prove that the defendant acted with negligence, or with recklessness that does not rise to the level of a “depraved heart.” Negligence in these cases may be a more culpable mental state than negligence in a civil lawsuit. The prosecutor may need to prove a significant deviation from the applicable standard of care.
Some jurisdictions also may allow a prosecutor to charge involuntary manslaughter if a death occurred during the course of a misdemeanor. This echoes the felony murder rule.
Examples of Homicide Offenses
Here is a look at what each of the main homicide offenses might look like in various situations involving Phil, a bank employee, and Vern, his supervisor.
First-degree murder: Phil takes a vial of poison to a dinner with Vern, who has consistently refused to give him a raise. When Vern goes to the restroom, Phil slips the poison into his supervisor’s drink.
Second-degree murder: Phil asks Vern for a raise and is firmly refused. Overcome by rage, Phil starts punching Vern in the head. He continues punching Vern even after the supervisor falls down and loses consciousness. Vern eventually dies from brain damage.
Felony murder: Phil plots with Patrick to rob the bank where Phil works. When Vern attempts to call the police during the robbery, Patrick shoots him. The prosecutor charges both Phil and Patrick with murder.
Voluntary manslaughter: Phil comes home to find his wife having intercourse with Vern. Phil immediately pulls out a gun and shoots Vern.
Involuntary manslaughter: Phil walks into Vern's office and finds him in the midst of a heart attack. Rather than calling 911 immediately, Phil texts a doctor friend for advice and waits for a reply. Vern dies because he did not receive treatment in time.
Vehicular homicide: In a rush to go home, Phil fails to check the rearview mirror when he backs up from his parking space at the bank. He thus does not see Vern standing behind him and runs him over.
These examples may not precisely reflect the type of charge that a prosecutor might bring in any given jurisdiction. They serve only general illustrative purposes.
Defenses to Homicide Charges
Many defendants facing a homicide charge raise a self-defense argument. This requires proving that they used force in a reasonable and proportionate response to an imminent threat of force by the victim. Some states allow defendants in murder cases to reduce the charge to manslaughter by proving “imperfect self-defense.” This means that the defendant honestly believed that the use of deadly force was warranted, but their belief was unreasonable.
A defendant who can present a plausible alibi also may defeat a homicide charge. This means that they could not have committed the crime because they were not in the location at the time. Or a defendant may argue that they were falsely accused or that a witness made an honest mistake of identity.
If a murder charge requires the prosecution to prove intent, a defendant might get the charge reduced to manslaughter if they can show a lack of intent. A defendant in a homicide case also might argue that their actions did not cause the death. For example, fault for a car accident may not be immediately clear. Just because a driver was involved in a fatal crash does not mean that they committed vehicular homicide.
A severe mental illness might support an insanity defense in some cases. This often requires proving that the defendant did not know what they were doing, or did not know that what they were doing was wrong. However, a finding of not guilty by reason of insanity usually results in commitment to a psychiatric institution.
Further defenses may involve constitutional violations. Perhaps the police did not respect the defendant’s Miranda rights, or perhaps they conducted a search and seizure that did not comply with the Fourth Amendment. A defendant can ask a court to exclude evidence obtained through a constitutional violation, which may greatly undermine the prosecution’s case.
Penalties for Homicide Offenses
The death penalty remains available in some states for certain aggravated forms of murder. However, a defendant may be sentenced to death only after a separate penalty phase following the guilt phase of the trial. This involves weighing aggravating factors against mitigating factors in a process specified by statute. A murder defendant not sentenced to death often will face life in prison or another very long prison term. Manslaughter sentences tend to be less severe, although each state has its own sentencing range.
For example, a defendant convicted of first-degree murder in California might face life imprisonment without the possibility of parole, or imprisonment for 25 years to life. A conviction for second-degree murder may lead to imprisonment for 15 years to life, voluntary manslaughter to 3, 6, or 11 years, and involuntary manslaughter to 2, 3, or 4 years. In New York, meanwhile, a defendant convicted of first-degree murder faces a minimum term of 20-25 years, and potentially life imprisonment without parole. A conviction for second-degree murder carries a minimum term of 15-25 years, while voluntary (first-degree) manslaughter leads to imprisonment for 5-25 years. Second-degree manslaughter, which involves recklessness, carries a minimum term of 1-5 years, while a related offense called criminally negligent homicide carries a minimum term of 1-1.33 years.
