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Homicide: Must Know Facts

Homicide: Must Know Facts What is Homicide?

Homicide is the overarching classification of the premature termination of the life of an individual at the hands of another individual or entity. Homicide as a broad term can encapsulate all killings or executions that are both untimely and preventable in nature. In and of itself, the implications of homicide do not necessarily convey guilt or innocence. Only subsequent to the classification of the Homicide does the crime itself legally include motive, intent, malice, premeditation, or the lack thereof.
 Terminology Employed for the Classification of Homicide

•    Intent
•    Malice of Forethought
•    Premeditation

Homicide Offense Profile

1.       Legal Jurisdiction: Criminal Law
2.       Type of Crime: Felony
3.       Criminal Code: Varies upon the location of the crime, including the applicable country, nation, state, or province
4.       Range of Punishment(s): Ranges from probation to incarceration; ultimately varies upon case details 
5.       Duration of Punishment(s): Varies upon case details
6.       Applicable Punishment(s): Varies upon individual intent, criminal record, criminal history, and the victim(s) involved. Due to the broad nature of Homicides, convictions of manslaughter resulting from self-defense can be absent of any punitive measures, while first degree murder can result in life imprisonment or capital punishment. The case details are indicative of any and all punitive restitution.

Types of Homicide

The following are the most common types of Homicide: 

a.    Murder: The killing of another individual classified by the premeditated, planned, and methodical nature of the killing in question.
b.    Manslaughter: The killing of a human being at the hands of another human being that lacked planning, forethought, or premeditation.
c.    Crime of Passion: This defense is not applicable to First Degree Murder charges. An impulsive, reactionary, and intentional crime committed without planning resulting in a voluntary manslaughter charge.
d.    Self-Defense: This defense is not applicable to First Degree Murder charges. In the realm of the killing of an individual on the grounds of self-defense, the individual responsible for the killing acted in response to the prevention of impending harm. This type of killing is considered to be manslaughter.
e.    Suicide: The act of purposefully and intentionally taking one’s own life. 
f.    DUI Manslaughter or DWI Manslaughter: A situation in which an individual kills another individual as a result of driving under the influence of illegal drugs or alcohol. The suspect can be subject to the loss of license and mandatory drug or alcohol treatment in conjunction with an Involuntary Manslaughter charge.

Arrest Process for Homicide

Individuals who have been served documentation in the form of an arrest warrant displaying a Homicide charge, or have already been arrested by law enforcement agents, are encouraged to cooperate with the arresting officers regardless of personal belief with regard to the charges. Individuals under arrest will be given the opportunity to consult with legal specialists subsequent to the arrest process. Resisting or fleeing from a Homicide arrest can result in harm, injury, and additional penalties. Upon arrest, an individual should be made aware of the following in order to prevent any further complication(s):

•    Habeas Corpus
•    Due Process
•    The Presumption of Innocence.

Upon the arrest for an Homicide charge, this is the standard arrest protocol that must be upheld by any and all arresting officers. Miranda Rights include the Fifth Amendment, which states that an individual retains the right to remain silent in order to avoid incriminating themselves. This is also known as ‘pleading the Fifth’. In addition, Miranda Rights also guarantee the following rights with regard to an arrest:

a.      The right to remain silent
b.      The right for any words spoken during the arrest to be admissible during a trial
c.      The right to consult with an attorney regardless of financial stature
d.      The acknowledgement that the individual arrested for the Homicide charge understands the aforementioned rights.
 
The Preparation of a Homicide Defense

Individuals are encouraged to consult with attorneys specializing in criminal law and, if possible, those who focus on Homicide legality, criminal law, and defense. In the construction of a defense, the individual may be asked to provide the nature of the Homicide in question, any included threats, the biographical information with regard to any and all victims, any previous arrests and/or convictions, evidence and witness testimony, full account of the details surrounding the event in question, and the arrangement for bail or bond.

Murder vs. Wrongful Death

Individuals arrested on charges of murder should be made aware that in the event that an acquittal takes place within a criminal court, the case can be retried by the plaintiff in a civil court. Although civil law and criminal law with respect to murder allegations differ, the primary difference is the compensatory measures that present themselves in the event of a guilty verdict. While criminal law verdicts can impose penalties including punitive recourse and incarceration, guilty verdicts in the scope of civil law can only render financial and monetary restitution. Homicide tried within a civil court is considered to be a Wrongful Death lawsuit.

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