Saturday, March 28, 2009

Quick Guide to Homicide

Just in case you are thinking about offing someone.

Here's a list of the five criminal charges associated with homicide, from most severe to least severe.

1st Degree Murder
You intentionally kill someone. It was premeditated.

2nd Degree Murder
You intentionally kill someone. It was not premeditated.

Voluntary Manslaughter
You intentionally murder someone, but you were provoked. Words alone do not count as provocation. Also, provocation cannot occur if you had sufficient time to “cool off.”
OR
You intend to hurt someone, and accidentally kill them.
OR
You unintentionally kill someone, but your actions show a depraved indifference to human life (a.k.a. depraved heart murder).

*The above charges are considered murder. The charges below are just homicide.

Involuntary Manslaughter
You unintentionally kill someone as a result of your reckless behavior. You understood the dangers of your actions, but did not bother to cease or alter what you were doing. A reasonable person would not have behaved in such a dangerous way.

Negligent Homicide
You unintentionally kill someone as a result of your negligent behavior. You did not understand the risks involved in your behavior. A reasonable person would have understood how dangerous your actions were.

*Felony Murder Rule
Not every state has this rule, and the interpretation of felony murder can look quite different from state to state. In a nutshell, if someone dies as a result of your felonious behavior, you can be charged with murder.

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