Homicide - Page 2 - Law Dictionary

homicide by misadventure

homicide by misadventure see homicide ...

felonious homicide

felonious homicide see homicide ...

excusable homicide

excusable homicide see homicide ...

deliberate homicide

deliberate homicide see homicide ...

criminal homicide

criminal homicide see homicide ...

Homicide, destroying the life of a human being. In its several stages of guilt, arising from the parti-cular circumstances of mitigation or aggravation which attends it, it is either justifiable, excusable, or felonious.I. Justifiable, of three kinds:(a) Where the proper officer executes a criminal in strict conformity with his sentence.(b) Where an officer of justice, or other person acting in his aid, in the legal exercise of a particular duty, kills a person who resists or prevents him from executing it.(g) Where it is committed in prevention of a forcible and atrocious crime, 1 Hale, 488.II. Excusable, of two kinds:-(a) Per infortunium, or by misadventure, as where a man doing a lawful act, without any intention of hurt, by accident kills another; but if death ensue from any unlawful act, the offence is manslaughter, and not misadventure.(b) Se defendendo, as where a man kills another upon a sudden encounter in his own defence, or in the defence of his wife, child, parent, or serva...

Se defendendo, Homicide

Se defendendo, Homicide, excusable manslaying in defence of one's own life, when attacked and put in jeopardy, 4 Steph. Com...

manslaughter

manslaughter : the unlawful killing of a human being without malice compare homicide, murder involuntary manslaughter : manslaughter resulting from the failure to perform a legal duty expressly required to safeguard human life, from the commission of an unlawful act not amounting to a felony, or from the commission of a lawful act involving a risk of injury or death that is done in an unlawful, reckless, or grossly negligent manner see also reckless homicide at homicide NOTE: The exact formulation of the elements of involuntary manslaughter vary from state to state esp. with regard to the level of negligence required. In states that grade manslaughter by degrees, involuntary manslaughter is usually graded as a second- or third-degree offense. misdemeanor-manslaughter : involuntary manslaughter occurring during the commission of a misdemeanor compare felony murder at murder voluntary manslaughter : manslaughter resulting from an intentional act done without malice or premeditati...

Provocation

Provocation. In law no provocation whatever can render homicide justifiable, but it Generally speak-ing, words do not amount to sufficient provocation to reduce homicide to manslaughter. To reduce homicide upon provocation to manslaughter, the wounding, etc., must have been inflicted immedia-tely upon the provocation being given and before anger has had time to subside, and the provocation must be of a kind which would deprive an ordinary man of self-control. See ASSAULT....

reckless

reckless : characterized by the creation of a substantial and unjustifiable risk to the lives, safety, or rights of others and by a conscious and sometimes wanton and willful disregard for or indifference to that risk that is a gross deviation from the standard of care a reasonable person would exercise in like circumstances [a state of mind may be inferred from conduct] see also involuntary manslaughter at manslaughter reckless homicide at homicide, recklessness compare careless reck·less·ly adv ...

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