Murder is the unlawful killing of another human being and manslaughter is the killing of a human being by the act, procurement or culpable negligence of another with lawful justification. Manslaughter can be divided into two categories; voluntary manslaughter, which is defined as a deliberate action that is done without malice or premeditation, such as a heat of passion crime. Involuntary manslaughter is the failure to perform a legal duty that is required to protect another life, such as a lifeguard not saving a drowning victim. Criminal homicide occurs when a person unlawfully and knowingly, recklessly or negligently causes the death of another human being. It also considered as murder with malice aforethought, which is the premeditation or predetermination of crimes. Similarly, the malice aforethought also relates to the depraved heart, which is when a person commits and act knowing the act has a usual high risk of causing death or serious bodily harm, such as aggravated child abuse, robbery, arson and an act of terrorism. Depending on the criminal act attempted, punishment can vary from first degree, second degree or third …show more content…
Criminal homicide is considered murder, capital murder, manslaughter or criminal negligent homicide. Unlike Florida, Texas defines first degree murders as capital murder, which is a murder that an offender can get sentenced to capital punishment. Identically to Florida, the prosecutor must be able to prove beyond reasonable doubt that, the defendant intentionally and knowingly cause the death of murder, the person intended to cause bodily harm or death, or the person committed or attempted to commit a felony. Defenses against capital murder charges can range from self-defense, insanity, lack of intent, lack of knowledge, and intoxication due to the fact of the person Mens Rea being