Anyone found guilty in a murder or manslaughter case faces severe penalties, typically a high number of years in jail. Homicide is understood as the action of killing a person involuntarily, while murder consists of killing a person as long as certain requirements are met, such as treachery, possible reward after the death of a person and cruelty.
Both homicide and murder have different modalities, that is, different degrees of guilt.
Understanding treachery is key to determining if killing is homicide or murder
In a criminal action there is treachery when the criminal acts treasonously against someone and with the total certainty that it will cause harm. Thus, if someone kills another person from behind using a firearm, it would be a murder with treachery. As is logical, it is an aggravating circumstance when judging the criminal’s conduct.
In first grade
A murder normally receives this classification when someone knows for sure that their behavior will result in the death of a person. For this reason, it is considered that the murder is premeditated, that is, someone has the intention to kill and acts with full awareness of it.
As a general criterion, cases of poisoning or strangulation are the most typical within this modality, since such actions imply a deliberate attitude on the part of the accused.
On the second grade
Unlike first degree murder, second degree manslaughter occurs when there is no premeditated plan associated with the act of killing. This criminal category takes place in those cases in which someone dies as a result of recklessness.
If one individual hits another and the latter ultimately dies, the offender’s action may be considered manslaughter as long as it is shown that there was no intent to kill and that the death was the result of an accident.
in third grade
The death of one or more people is classified as third degree homicide when the person responsible for the death has acted irresponsibly or recklessly. Consequently, the law punishes the lack of care and lack of good sense in the person who has caused the death of another.
This degree is quite common in those cases in which a driver runs over a pedestrian as a result of irresponsible driving.
Homicide in legitimate defense
If someone kills another person in defense of his own life, said action can be considered justified and for this reason it is called legitimate defense.
This legal figure is universal and is based on the self-preservation instinct of human beings.
Photos: Fotolia – oktofrus / joebakal
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