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Homicidal Death

Not all homicides are crimes. However, all killings of humans are included in the homicide definition. Many homicides, such as murder and manslaughter, violate criminal laws. Others, such as a killing committed in justified self-defense, are not criminal. Illegal killings range from manslaughter to murder, with multiple degrees of each representing the gravity of the crime. First degree murder is the most serious criminal homicide. Typically, first degree murder is both intentional and premeditated. Premeditated can mean anything from a long time plan to kill the victim, to a shorter term plan. The intent of the accused murderer does not need to be focused on the actual victim. If someone planned on killing one victim, but by accident kills someone else, the murder is still intentional and premeditated meaning a first degree murder charge. Some killings within the definition of homicide aren't illegal. Criminal laws carve out exceptions for some killings which would otherwise fall under criminal laws against manslaughter or murder. These are referred to as "justified homicide". One primary example is a killing in justified self-defense or defense of someone else. Such a homicide is deemed justified if the situation called for self-defense and state law allows lethal force in that type of situation. Most state laws allow justified homicide to defend oneself or another from credible threat of serious crimes such as rape, armed robbery and murder. No matter where a homicide falls on the criminal spectrum, it may also bring a civil lawsuit for wrongful death. In the case of a homicide, the family of the victim may sue the alleged perpetrator to collect damages for that person causing the death of their loved one. While wrongful death lawsuits offer monetary results rather than criminal punishment, they also have a much lower standard of proof than the criminal standard of guilt beyond a reasonable doubt.

Last Updated on: Jul 03, 2024

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