Homicide in United States

Homicide Definition in Legal History

Homicide is any killing of a human being. To constitute homicide,

• the killing must be of a living human being;
• the death must have been caused by the act or omission of the accused;
• death must happen within a year and a day after the injury. Homicide is either justifiable; excusable; or felonious. Felonious homicide is either murder or manslaughter. (1)

Homicide Seriousness Dyad in relation to Crime and Race

Homicide Seriousness Dyad is included in the Encyclopedia of Race and Crime (2), beginning with: Homicide seriousness dyad refers to the way in which courts have historically evaluated the seriousness of homicides committed by Blacks against Whites versus those committed by Whites against Blacks. This section describes Guy Johnson’s analysis of the impact of cultural and social factors, such as slavery and racial discrimination, on the seriousness with which homicides are perceived in the slave era and discrimination based on offender-victim characteristics. Next, the entry summarizes research by sociologist Darnell Hawkins on explanations for disproportionately high rates of homicide among African Americans. Hawkins points to situational, structural, and institutional factors that should be considered in understanding the causes of Black homicide. Slavery dehumanized African Americans in such a way that they were seen as subordinate individuals per the degradation of slavery. Blacks were unable to establish a stable family, stable economic organization, or a stable community life.

Homicide Crimes

Case law and cross reference on definitions:

Criminal Conduct

This topic includes:

• Causing Death (Kuntz v. Thirteenth Judicial District Court, Commonwealth v. Carlson and Robertson v. Commonwealth); see also the information on Criminal Omissions and on the Relationship Between Causation and Mens Rea in this legal Encyclopedia.
• Inchoate Crimes and Accomplice Liability (People v. Superior Court of Los Angeles County (Decker) and State v. Clark); see also the information on Conspiracy, Complicity, and the Law of Homicide and on Attempted Murder in this legal Encyclopedia.

Criminal Intent

This topic includes:

• Premeditation and Deliberation (Commonwealth v. Coleman)
• “Malice Aforethought” (State v. Porter and State v. Robinson); see also the information
  on the Meaning of Malice Aforethought and on the Meaning of Depraved Heart Murder)
• Felony Murder (see People v. Billa and Ex parte Mitchell); see the entry about Qualifying Felonies.
• Provocation and “Extreme Mental or Emotional Disturbance” (Commonwealth v. Acevedo and State v. Shumway); read also the information on Extreme Mental or Emotional
  Disturbance and on Provocation in this legal Encyclopedia.
• Reckless Manslaughter (State ex rel. Thomas v. Duncan)
• Negligent Homicide (People v. Cabrera).

Homicide in the Criminal Justice System

Homicide in Foreign Legal Encyclopedias

For starting research in the law of a foreign country:

Link	Description
Homicide	Homicide in the World Legal Encyclopedia.
Homicide	Homicide in the European Legal Encyclopedia.
Homicide	Homicide in the Asian Legal Encyclopedia.
Homicide	Homicide in the UK Legal Encyclopedia.
Homicide	Homicide in the Australian Legal Encyclopedia.

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Practical Information

Note: Some of this information was last updated in 1982

The act of one human being killing another. Homicide is a necessary ingredient of the crimes of murder (in U.S. law) and manslaughter (in U.S. law). It is possible, however, to kill someone without criminal intent and without subsequent criminal prosecution. For example, killing in self-defense or as the only means of arresting an escaping felon.

(Revised by Ann De Vries)

What is Homicide?

For a meaning of it, read Homicide in the Legal Dictionary here. Browse and search more U.S. and international free legal definitions and legal terms related to Homicide.

Homicide

This section examines the Homicide subject in its related phase of trial. In some cases, other key elements related to trials, such as personal injury, business, and criminal litigation, are also addressed.

Vehicular Homicide

This section examines the Vehicular Homicide subject in its related phase of trial. In some cases, other key elements related to trials, such as personal injury, business, and criminal litigation, are also addressed.

Homicide

In Legislation

Homicide in the U.S. Code: Title 18, Part I, Chapter 51

The current, permanent, in-force federal laws regulating homicide are compiled in the United States Code under Title 18, Part I, Chapter 51. It constitutes “prima facie” evidence of statutes relating to Crimes and Criminal Law (including homicide) of the United States. The readers can further narrow their legal research on the topic by chapter and subchapter.

Resources

Notes and References

1. This definition of Homicide is based on The Cyclopedic Law Dictionary
2. Entry about Homicide Seriousness Dyad in the Encyclopedia of Race and Crime

See Also

Murder; Manslaughter.
Domestic Violence; Public Health and the Law; Violence Death and Dying; Insanity Defense.

Further Reading (Books)

• Information about Homicide in the Gale Encyclopedia of American Law.

Biderman, A. D., and Lynch, J. P. (1991). Understanding Crime Incidence Statistics: Why the UCR Diverges from the NCS. New York: Springer-Verlag.

Hammond, W. R., and Yung, B. R. (1991). “Preventing Violence in At-Risk African-American Youth.” Journal of Health Care for the Poor and Underserved 2:359-373.

Kellermann, A. L., and Mercy, J. A. (1992). “Men, Women, and Murder: Gender-Specific Differences in Rates of Fatal Violence and Victimization.” Journal of Trauma 33:1-5.

Kellermann, A. L.; Rivara, F. P.; Rushforth, N. B.; Banton, J. G.; Reay, D. T.; Francisco, J. T.; Locci, A. B.; Prodzinski, J.; Hackman, B. B.; and Somes, G. (1993). “Gun Ownership as a Risk Factor for Homicide in the Home.” New England Journal of Medicine 329:1084-1091.

Kleck, G., and Hogan, M. (1999). “National Case-Control Study of Homicide Offending and Gun Ownership.” Social Problems 46:275-293.

Robertson, L. S. (1980). “Crash Involvement of Teenaged Drivers When Driver Education Is Eliminated from High School.” American Journal of Public Health 70:599-603.

Sorenson, S. B., and Saftlas, A. F. (1994). “Violence and Women’s Health. The Role of Epidemiology.” Annals of Epidemiology 4:140-145.

Spierenburg, P. (1996). “Long-Term Trends in Homicide: Theoretical Reflections and Dutch Evidence, Fifteenth to Twentieth Centuries.” In The Civilization of Crime: Violence in Town and Country since the Middle Ages, eds. E. A. Johnson and E. H. Monkkonen. Urbana: University of Illinois Press.

Teret, S. P., and Wintemute, G. J. (1993). “Policies to Prevent Firearm Injuries.” Health Affairs 12:96-108.

Webster, D. W. (1993). “The Unconvincing Case for School-Based Conflict Resolution.” Health Affairs 12:126-141.

Zimring, F. E., and Hawkins, G. (1997). Crime Is Not the Problem: Lethal Violence in America. New York: Oxford.

Further Reading (Articles)

Homicide in the Course of Other Crime in Australia, Trends & Issues in Crime and Criminal Justice; May 1, 2003; Mouzos, Jenny

Homicide among young black males – United States, 1978-1987., MMWR. Morbidity and Mortality Weekly Report; December 7, 1990

YOUTH HOMICIDE RACIAL DISPARITIES: GENDER, YEARS, AND CAUSE, Journal of the National Medical Association; April 1, 2004; Najem, G Reza Aslam, Sharique Davidow, Amy L Elliot, Norbert

Homicide, Canadian Encyclopedia; January 1, 2002; ELLIOTT LEYTON

Homicide Rates among Persons Aged 10-24 Years-United States, 1981-2010, MMWR. Morbidity and Mortality Weekly Report; July 12, 2013; David-Ferdon, Corinne Dahlberg, Linda L. Kegler, Scott R.

2007 Homicides, Deseret News (Salt Lake City); January 1, 2008; Pat Reavy Deseret Morning News

HOMICIDE UPSURGE ; SIXTY-SIX PEOPLE IN BUFFALO FELL VICTIM TO HOMICIDE LAST YEAR, UP FROM 39 IN 2000,POLICE BLAME GANGS AND DRUGS- BUT NOTE THAT VICTIMS ARE KILLED OVER THE SLIGHTEST PROVOCATION., The Buffalo News (Buffalo, NY); January 2, 2002; LOU MICHEL

Homicide in Australia 1999-2000, Trends & Issues in Crime and Criminal Justice; February 1, 2001; Mouzos, Jenny

Homicides Among Children and Young Adults – Puerto Rico, 1999-2003, MMWR. Morbidity and Mortality Weekly Report; April 7, 2006; Mirabal, B

Homicide Division Rejuvenated;Police Unit’s Morale and Arrest Rates Are Climbing After Reorganization, The Washington Post; September 29, 1994; Ruben Castaneda;

Expanded Homicide Data, Uniform Crime Reports: Crime in the United States; January 1, 2012

HOMICIDE RATE IS ON THE RISE IN BAY STATE IN BOSTON, 18 KILLED IN MAY COMPARED WITH 8 LAST YEAR, The Boston Globe (Boston, MA); June 24, 1988; Sean Murphy, Globe Staff

Homicide Unit Gets Reinforcements; Federal Agents, D.C. Narcotics Officers to Help Close Old Cases, The Washington Post; October 2, 1997; Sari Horwitz Cheryl W. Thompson

Expanded homicide data., Uniform Crime Reports: Crime in the United States; January 1, 2009

Homicides in County Climb Back Up This Year, Daily Herald (Arlington Heights, IL); December 31, 2001; Gordon, Tony

Homicide trends and characteristics–Brazil, 1980-2002., MMWR. Morbidity and Mortality Weekly Report; March 5, 2004; Gawryszewski, V.P. Mercy, J.A.

Homicide followed by suicide – Kentucky, 1985-1990., MMWR. Morbidity and Mortality Weekly Report; September 27, 1991

Homicides Up in 2013 after Historic 2012 Low; Most Neighboring Counties Record a Decline in Rates, The Washington Times (Washington, DC); January 1, 2014; Noble, Andrea

Homicide lull: just 4 slayings this year, AZ Daily Star; February 24, 2006; Becky Pallack, ARIZONA DAILY STAR

Homicides fall in D.C., tick up in Pr. George’s, The Washington Post; January 1, 2012; Allison Klein Matt Zapotosky

Further Reading