The killing of one human being by another• Most serious of all acts• Can be criminal or noncriminal

Criminal Homicide:• Murder = most serious form of CH

Killing that is done with malice = having the intent to kill or seriously harm OR acting in a reckless manner which shows a lack of regard for human life

• Historical Context: Used to be no “degrees” of homicide; all homicides with malice were punishable by death

First Degree Murder: • Killing that is premeditated, deliberate and

done with malice• *premeditation and deliberation can occur very

close to the time of the homicide Second Degree Murder:

• Killing that is done with malice • No premeditation or deliberation• Intent to kill did not exist until the moment of

the murder• Intentional, but spontaneous killing that is

unplanned

Felony Murder:• Murder that occurs during commission of

certain felonies (arson, rape, robbery etc…)• Not necessary to prove intent to kill (malice) • Malice is assumed b/c murder was committed

during the felony…even if it was accidental• *Most state consider felony murder to be

first-degree murder even though malice, premeditation and deliberation do not need to be proved

Voluntary Manslaughter:• Killing that would be considered murder, but

victim did something to killer that would cause a reasonable person to lose self-control or act rashly

• Killing must occur just after the provokation Killer cannot have an opportunity to “cool down”

• Punished somewhat less harshly due to the “frailty of human character”

Involuntary Manslaughter:• Unintentional Killing• Results from conduct so reckless that it causes extreme

death or bodily injury • Ex: playing with a gun that is known to be loaded

Negligent Homicide:• Causing of death through criminal negligence• Negligence = failure to exercise reasonable or ordinary

amount of care in a situation that causes harm to someone

• Most Common: Vehicular Homicide • Some states classify “gross or extreme” negligence as

involuntary manslaughter

Killing that is justifiable or excusable Killer is deemed faultless Examples:

• Killing of an enemy soldier in wartime• Killing condemned criminal by an

executioner • Killing by a police officer of a person who is

committing a serious crime (must pose threat of death or serious harm/self-defense)