Difference Between Murder and Homicide – Is There One?

Difference Between Murder and Homicide – Is There One?

Murder and homicide are often used interchangeably in news reports and television crime dramas. But while related, these two legal terms have distinct meanings. Understanding the differences is important for criminal cases and penalties.

Defining Homicide

Homicide is a broad term referring to one human being causing the death of another. It encompasses many types of killing, including[1]:

• Murder and manslaughter – unlawful criminal homicide
• Justifiable homicide – lawful killings by police or civilians in self-defense
• Excusable homicide – accidental killings with no criminal liability

Homicide itself simply means a person was killed by another person. It is not inherently a crime or punishable offense[2]. Whether a homicide constitutes murder, manslaughter, or a justifiable killing depends on specific circumstances and state laws.

Murder vs. Manslaughter

In criminal law, murder and manslaughter fall under the category of unlawful homicides. They differ primarily based on[3]:

• Intent – Murder involves intent to kill, while manslaughter does not.
• Premeditation – First-degree murder involves premeditation, while manslaughter does not.
• Provocation – Voluntary manslaughter involves provocation, murder does not.

Beyond those factors, state statutes further define degrees of murder and manslaughter charges[4]. But in general:

• Murder requires deliberate intent to kill without legal justification.
• Manslaughter involves unintentional or provoked killings.

First vs. Second Degree Murder

Many states classify murder into two degrees[5]:

• First-degree murder – Premeditated, intentional killings.
• Second-degree murder – Non-premeditated, intentional killings.

First-degree murder entails planning and deliberation, while second-degree murder is unplanned but still intentional. This affects sentencing, with first-degree murder carrying longer prison terms or potential death penalty.

Voluntary vs. Involuntary Manslaughter

Manslaughter is also divided into categories[6]:

• Voluntary manslaughter – Heat-of-passion killings or assisted suicide.
• Involuntary manslaughter – Accidental killings through negligence or recklessness.

Voluntary manslaughter involves intent to kill under extenuating circumstances. Involuntary manslaughter lacks intent to kill but involves reckless disregard for human life.

Sentencing Differences

Because murder and manslaughter involve very different levels of culpability, the criminal penalties differ significantly:

• First-degree murder carries lengthy prison sentences or the death penalty.
• Second-degree murder also brings substantial incarceration of 10+ years.
• Voluntary manslaughter results in 1-10 year prison sentences typically.
• Involuntary manslaughter brings less than 5 years on average.

Within those ranges, sentencing depends on aggravating and mitigating factors. But in general, murder brings severe sentences while manslaughter is punished more leniently.

Self-Defense and Justifiable Homicide

State laws recognize certain homicides as legally justified, including:

• Killings by police officers in the line of duty
• Civilians defending themselves or others from serious harm
• Preventing the commission of a dangerous felony

These are considered justifiable homicides, not murder or manslaughter. However, the killer must prove the circumstances warranting use of lethal force based on a “reasonable person” standard.

Accidental Homicide and Excusable Deaths

When a death is entirely accidental and does not involve criminal negligence, it is termed an excusable homicide. For example:

• Hunting accident with a stray bullet
• Errant shot from someone lawfully defending themselves
• Death from friendly fire in war

These also do not lead to murder or manslaughter charges since there is no criminal intent or recklessness.

Important Takeaways

In summary, the key distinctions between homicide, murder and manslaughter include:

• Homicide is any killing of one person by another, criminal or non-criminal.
• Murder is an unlawful, intentional homicide with malice aforethought.
• Manslaughter is an unlawful, unintentional or provoked homicide.
• Justifiable homicides by police or civilians in defense are lawful.
• Excusable accidental killings lack criminal liability.

Understanding these nuances is critically important for criminal charges and sentencing when one person kills another. Experienced criminal defense attorneys can provide guidance on state laws and trial strategy in homicide cases.