Degrees of Homicide, Essay Example

Murder, at least as defined by the criminal justice system, is never a simply defined act.  Intent and surrounding circumstances virtually always play into how an act of homicide is categorized, which in turn goes to the penalty imposed.   Moreover, the laws determining these definitions vary from state to state in the United States, and are further complicated by individual case components.

These difficulties notwithstanding, voluntary manslaughter is typically determined when a felony offense predicates a homicide that has not been planned or in any way intended. These are  murders done in the “heat of passion” (Singer, La Fond, 2010, p. 213); for example, a parent suddenly witnessing the physical abuse of their child may become so enraged that they kill the abuser. As there was no premeditation, the crime is not within the parameters of first degree murder, and such crimes rarely fall under the heading of felony murder.

Involuntary manslaughter and negligent homicide are usually perceived as lesser offense than voluntary manslaughter, although the repercussions may be just as severe. What commonly occurs is that negligent homicide is viewed as an extension of, or substitution for, involuntary manslaughter, as the defining element is that no intention of causing death is present.   As elsewhere, definitions are reliant on case facts. For example, a driver who falls asleep at the wheel and kills may be found guilty of either involuntary or negligent homicide, while the driver who intentionally drives recklessly is guilty of the more severe charge of voluntary homicide (Lippman, 2009,  p. 411). A more obvious case of purely negligent homicide might be when an individual in health care endangers others by the careless failure to safely store infectious lab samples of viruses. No intent to kill or cause harm is present, but the carelessness is so extreme as to indicate culpability.   As voluntary manslaughter may only occasionally be seen as felony murder and tried as such, negligent homicide and involuntary homicide are far more rarely adjudicated as felony murder. What is crucial to note, however, is that, again, statutes vary as much as do individual circumstances. The laws are broad enough to permit discretion that may place an involuntary homicide under the category of felony murder, particularly if the homicide occurs during the commission of another felony, such as an armed robbery. In such cases, the law must weigh the likelihood of homicide as having been contemplated, aside from intent.

References

Lippman, M. R. (2009.)  Contemporary Criminal Law: Concepts, Cases, and Controversies. Thousand oaks, CA: Sage Publications, Inc.

Singer, R. G., & La Fond, J. Q. (2010.) Criminal Law.  New York, NY: Walters Kluwer.