Elements of crime related to homicides

Elements of crime related to homicides

The word homicide comes from the Latin word homicidium (homo – human being, caedere – to cut, to kill). It refers to the act of a human killing a human being. At earliest common law, all homicides were punishable by death. Now, however, all states recognize different categories of homicide ranging from the most heinous, murder, to the lesser crime of manslaughter. Homicides are part of the criminal law; therefore, they have the same elements which are appropriate for crimes. There are three common elements in all crimes: mens rea (“guilty mind”), actus reus (“wrongful deed”) and causation. Many jurists also include concurrence (both the mens rea and actus reus must be connected). Mens rea or intent means that the criminal act must be voluntary or purposeful. It varies depending on the offense. For murder, the most heinous homicide, the mental element requires the defendant acted with “malice aforethought”. The malice aforethought distinguishes murder from manslaughter. The four states of mind that are said to make up malice aforethought are: the intent to kill, the intent to inflict great bodily injury, the intent to commit a felony or awareness of high risk of death or serious bodily injury. On the other hand, manslaughter is a legal term for the killing of a human being, in manner considered by law as less culpable than murder. The person accused for manslaughter didn’t have the intent to do a homicide, so guilty mind isn’t required. Actus reus (wrongful deed) is the second element of crimes. It refers to the criminal act or an unlawful omission of an act that must have occurred. So, if someone just thinks about killing someone else, they cannot be punished. The murder must be proven. In respect of manslaughter, actus reus is essential element too. There is no crime; there is no homicide without this element. Concurrence means that mens rea and actus reus occur at the same time. The murder is perfect example for this. And finally, the third element is causation or the harm of the crime. The harm of homicide is taken life, so both murder and manslaughter have this element. But, murder and manslaughter are divided. Murder has further been divided into degrees, first and second degree murder. First-degree murder is the most serious form of murder. In most states, it is categorized as "deliberate" - the defendant made a clear-headed decision to kill the victim. For example, someone who plans to use a car to kill someone would be charged with first-degree murder. Second-degree murder is killing another with malice, but without premeditation or deliberation. On the other hand, most states distinguish between voluntary and involuntary manslaughter. Voluntary manslaughter occurs when the defendant kills with malice aforethought, but there are mitigating circumstances which reduce culpability. The traditional mitigating factor was provocation. Involuntary manslaughter is the unlawful killing of a human being without malice aforethought. It is distinguished from voluntary manslaughter by the absence of intention. It is normally divided into two categories; constructive manslaughter and criminally negligent manslaughter. For example, if drunk driver kills someone by his car, he will be charged for involuntary manslaughter. English law also recognizes a corporate manslaughter. This is an act of homicide committed by a company.
Finally, homicide is not always an illegal act, so although “homicide” is often used as a synonym for “murder”, this is not formally correct. One of the most recognized non-criminal homicides is self defense, which provides that a person is entitled to commit homicide to protect his or her own life from a deadly attack. Also, in very few countries, for example in Netherlands, the euthanasia or mercy killing isn’t considered as a crime.