Welcome, Guest: Register On Nairaland / LOGIN! / Trending / Recent / NewStats: 3,150,596 members, 7,809,162 topics. Date: Friday, 26 April 2024 at 02:12 AM |
Nairaland Forum / Nairaland / General / Education / The Difference Between Murder, Manslaughter And Homicide (8271 Views)
Five-year-old Girl Made To Sign School 'suicide And Homicide Contract' After Poi / Suspected Cultists Murder LASPOTECH Student / What's The Difference Between A Smart Student And A Brilliant Student (2) (3) (4)
The Difference Between Murder, Manslaughter And Homicide by officialcharlz(m): 11:28am On Sep 11, 2014 |
Rarely does a day go by when you don't see words like manslaughter, murder, or homicide in the newspaper, and yet, very few people try to understand the difference between them. In this Buzzle article, we will simplify these legal terms and help you to understand how they differ from each other.In the Trial of Conrad MurrayMichael Jackson's personal physician, Conrad Murray was charged with involuntary manslaughter for causing Jackson's death from an overdose of Propofol on June 25, 2009.Manslaughter refers to the unlawful killing of one human being by anotherwithoutmalice aforethought. Murder, on the other hand, refers to the unlawful killing of one human being by anotherwithmalice aforethought. So, what is this 'malice aforethought' which differentiates manslaughter from murder?In legal terminology, 'malice aforethought'refers to the intention to kill or harm. Hence, if the unlawful killing is premeditated, it amounts to a murder. If not, it amounts to manslaughter. If Mr. X takes Mr. Y atop a high-rise building and pushes him to death, it amounts to murder. In contrast, if they get into an altercation on a staircase, wherein Mr. Y abuses Mr. X and, in turn, Mr. X slaps Mr. Y, who falls from the stairs and dies, then itcan be considered manslaughter.As for homicide, it is defined as the deliberate and unlawful killing of a human being by another, and therefore, both manslaughter and murder are considered homicides. Having said that, things are not as simple as they seem; at least, not in thefield of law. There are some specifics that need to be considered when understanding whether the said act is manslaughter or murder. Before we get to the details of these two concepts, let's get well-versed with the concept of homicide, which happens to be an umbrella term for the two.Homicide. Like we said before, homicide is the act of a human being killing another human being. The term is derived from the Latin word,homicidium, which, in turn, is the combination of two words,homomeaning human being, andcaedere, meaning to cut or kill. Though it is often used synonymously with murder, it is not restricted to the same. Murder is basically a form of criminal homicide, so is manslaughter. There do exist cases of non-criminal homicide, wherein the act of killing is considered justified or excusable. For example, a person killing another in self defense, or a law enforcement officer killing someone in the line of duty. Manslaughter vs. Murder- It's the intent that helps to determine whether a particular act of homicide was manslaughter or murder. If the person hitssomeone with the intention of hurting―not killing, but unintentionally ends up killing him, then it is considered manslaughter. Similarly, when the person acts on being provoked, or when he is not in a sane frame of mind because of underlying psychiatric health issues, then homicide amounts to manslaughter. As theperson's state of mind is not entirely in his control in such cases, the act of killing is not considered a murder.An act of homicide is considered a murder when it is deliberate and premeditated. In this case, a person unlawfully kills another person after proper planning and plotting. An apt example would be a case wherein, following an altercation, a person goes and buys a gun, returns to the person with whom he had the altercation, and kills him. Even the intent to cause severe injury, which eventually results in the person's death, or an act which shows utter disregard to human life, eventually resulting in a death, are considered equivalent to intent to kill, and thus, such acts fall in the ambit of murder. Voluntary and Involuntary Manslaughter. Manslaughter can be voluntary and involuntary. In the case of voluntary manslaughter, the intent or 'malice aforethought' is there, but the act, i.e., the unlawful killing, is committed in the 'heat of passion' in response to a provocation which is strong enough to make a reasonable person to lose control over himself. If, however, there is enough time for the defendant to cool down and then he commits homicide, then it is considereda murder.Involuntary manslaughter includes gross negligence manslaughter, wherein a person kills another person because of negligence or recklessness on his part, without intending to do so; constructive manslaughter, wherein a person causes a death as a result of some unlawful, dangerous act on his part; and vehicular manslaughter, in which case the death is caused as a result of negligence while driving. The case of Conrad Murray, Michael Jackson's personal physician, is anapt example of involuntary manslaughter.First-degree and Second-degree MurderAs with manslaughter, even murder is classified into two types: first-degree murder and second-degree murder. Whether an act of homicide will be considered a first- or second-degree murder will depend on the circumstances and the area of jurisdiction. As the intention to kill exists in both cases, it usually comes down to whether the act was premeditated or not.Excessive planning is involved in first-degree murder, such that the person may even go to the extent of using explosives, or resort to other sophisticated technique to commit the crime. Also to be taken into account is the felony murder rule, which states that any death that occurs during a felony―even if it's that of one of the felons―is considered a murder.At times, there is a thin line of difference between murder and manslaughter, such that everything comes down to subjectivity. Let's say, for example, Mr. X accidentally bumps into Mr. Y while walking on a crowded street, but continuesto walk instead of apologizing, and a furious Mr. Y takes out a gun and kills him. In this case, despite the 'provocation', Mr. Y will be charged with murder, because the 'provocation', as we discussed before, was not strong enough to make a reasonable person to lose control over himself. A strong provocation, as seen in several cases, is adultery.Though both are considered criminal offenses in the U.S., a murder is definitely more serious than manslaughter, and that reflects in the sentencing as well. While a person convicted for murder can be sentenced to life in prison without the possibility of parole or even death in somejurisdictions, a person convicted for manslaughter will be sentenced to imprisonment. But obviously, voluntary manslaughter will result in a relatively severe sentence. If, however, the defense fails to establish adequate provocation, the person who is being tried for manslaughter, can be tried and subsequently sentenced for murder. source: http://www.buzzle.com/articles/difference-between-manslaughter-murder-and-homicide.html 5 Likes 3 Shares |
Re: The Difference Between Murder, Manslaughter And Homicide by stexsy(m): 11:50am On Sep 11, 2014 |
thanks so much for the clarification. Its worth it |
Re: The Difference Between Murder, Manslaughter And Homicide by Mayydayy(m): 12:56pm On Sep 11, 2014 |
ok now.how u go carry know say person hit person not meaning to kill but to harm. it doesnt make sense.if u know say if you hit me with bottle for head you fit kill me and you still carry d bottle hit me saying u no mean to kill but only to harm me but kills me on the process.na only thunder go fire you. 2 Likes |
Re: The Difference Between Murder, Manslaughter And Homicide by Nobody: 2:53pm On Sep 11, 2014 |
Mayydayy: ok now.how u go carry know say person hit person not meaning to kill but to harm. it doesnt make sense.if u know say if you hit me with bottle for head you fit kill me and you still carry d bottle hit me saying u no mean to kill but only to harm me but kills me on the process.na only thunder go fire you. |
Re: The Difference Between Murder, Manslaughter And Homicide by dridowu: 3:06pm On Sep 11, 2014 |
oscar pistorious comes to mind that was cleared of murder but charged for manslaughter. www.nairaland.com/1897926/lionel-messis-hometown-bans-parents |
Re: The Difference Between Murder, Manslaughter And Homicide by Nosyke(m): 4:31pm On Sep 11, 2014 |
stexsy: thanks so much for the clearification. Its worth it Brethren, the bolded is an example of voluntary manslaughter. @Op, thanks so much for the write up, was quite very educative. 11 Likes |
Re: The Difference Between Murder, Manslaughter And Homicide by Nobody: 4:50pm On Sep 11, 2014 |
Thanks op. I was asked this question when I went for NPF cadet screening 5years ago. Well, I goofed! 1 Like |
Re: The Difference Between Murder, Manslaughter And Homicide by nwaobitex: 4:51pm On Sep 11, 2014 |
ok. so what's the difference between suicide and kill-my-self. just as mama peace said "i would rather kill my self than commit suicide". 3 Likes |
Re: The Difference Between Murder, Manslaughter And Homicide by cirmuell(m): 4:53pm On Sep 11, 2014 |
Mayydayy: ok now.how u go carry know say person hit person not meaning to kill but to harm. it doesn't make sense.if u know say if you hit me with bottle for head you fit kill me and you still carry d bottle hit me saying u no mean to kill but only to harm me but kills me on the process.na only thunder go fire you.Dude there's something called autopsy, they take it very seriously over there where the above laws works properly(thorough investigation is carried out before verdict is delivered). I know you are used to the one here were every "killings" amounts to murder in their book. that's why the law wasn't made in/for Nigeria. 1 Like |
Re: The Difference Between Murder, Manslaughter And Homicide by zeemore: 5:37pm On Sep 11, 2014 |
Nosyke: Brethren, the bolded is an example of Involuntary manslaughter 13 Likes 1 Share |
Re: The Difference Between Murder, Manslaughter And Homicide by ogbiodun(m): 5:52pm On Sep 11, 2014 |
gud. |
Re: The Difference Between Murder, Manslaughter And Homicide by Nosyke(m): 6:22pm On Sep 11, 2014 |
zeemore: Subjective!!! |
Re: The Difference Between Murder, Manslaughter And Homicide by rattlesnake(m): 6:41pm On Sep 11, 2014 |
We know |
Re: The Difference Between Murder, Manslaughter And Homicide by wisolf(m): 7:00pm On Sep 11, 2014 |
Very informative bt d tin long small sha |
Re: The Difference Between Murder, Manslaughter And Homicide by popobaba(m): 7:30pm On Sep 11, 2014 |
Thank you OP.. So would Oscar Pistorius be found guilty of manslaughter |
Re: The Difference Between Murder, Manslaughter And Homicide by seankay(m): 8:02pm On Sep 11, 2014 |
Aforethought aforemalice, these things dey turn my head.law no b small fin 2 Likes |
Re: The Difference Between Murder, Manslaughter And Homicide by ChiSun27(m): 8:36pm On Sep 11, 2014 |
You guys should forget all those grammar of confusion. The question we Nigerians always ask is: Person die or not Anyhow wey them take speak am....death na death....whether voluntary or involuntary. Murder --------- Voluntary Manslaugter ------ Involuntary Homicide -------- Voluntary + Involuntary Wetin all of them represent? No be the same kpai abi na kaput? 2 Likes |
Re: The Difference Between Murder, Manslaughter And Homicide by kadas01(m): 8:39pm On Sep 11, 2014 |
Nice one Op! Quite revealing and educative! |
Re: The Difference Between Murder, Manslaughter And Homicide by Tunjasko(m): 9:21pm On Sep 11, 2014 |
FP material...diz z very educative |
Re: The Difference Between Murder, Manslaughter And Homicide by pat077: 10:52pm On Sep 11, 2014 |
. 1 Like |
Re: The Difference Between Murder, Manslaughter And Homicide by habiolah(m): 1:20am On Sep 12, 2014 |
Nosyke: ha ha, you wicked. and you should not forget that there is God in everything we are doing. Nice one. Made me lol. Thanks op. Better arrangement may help though. No vex bros, is this thing copied from Sharia reporters or where? |
Re: The Difference Between Murder, Manslaughter And Homicide by chinex276(m): 9:31am On Sep 12, 2014 |
Waoo... Dats one hell of an information, o.p abeg chop knoku |
Re: The Difference Between Murder, Manslaughter And Homicide by lawrenceunaa: 12:41pm On Sep 12, 2014 |
thanks op i nearly commited manslaughter when punched a man for insulting my dad and guess what the force from by fist caused the man to nearly his head on a nearby brick. LESSON:hot temper no good ooo |
Re: The Difference Between Murder, Manslaughter And Homicide by ignis: 1:14pm On Sep 12, 2014 |
Nice and informative thread. .... I have been coming across words like homicide and murder without actually knowing the differences. ... |
Re: The Difference Between Murder, Manslaughter And Homicide by mack111(m): 3:55pm On Sep 12, 2014 |
When a person commits a felony nd in the process of trying to escape he kills someone. I read an article which says d above statement is not murder but a culpable homicide (Manslaughter). Here u wrote that d above statement is murder, @op i'm kind of confused. Also in addition to my confusion, this felony murder rule, is it a general rule? |
Re: The Difference Between Murder, Manslaughter And Homicide by brightcay: 4:36pm On Sep 12, 2014 |
This is good. I must commend you f♡̬̩̃̊r takin your time Τ̅☺ explain it in detail. ҉G̶̲̥̅̊ơ̴̴͡d̶̲̥̅̊҉ wil continue Τ̅☺ strenthen you. Just passing-by,though. |
Re: The Difference Between Murder, Manslaughter And Homicide by PrettyEmy(f): 5:36pm On Sep 12, 2014 |
brightcay: This is good. I must commend you f♡̬̩̃̊r takin your time Τ̅☺ explain it in detail. ҉G̶̲̥̅̊ơ̴̴͡d̶̲̥̅̊҉ wil continue Τ̅☺ strenthen you. Did you just get a new blackberry? |
Re: The Difference Between Murder, Manslaughter And Homicide by hardeysola(m): 6:35pm On Sep 12, 2014 |
Am enlightened though ! . More grease to ur elbow |
Re: The Difference Between Murder, Manslaughter And Homicide by b3llo(m): 7:25pm On Sep 12, 2014 |
Re: The Difference Between Murder, Manslaughter And Homicide by imsuboi(m): 8:07am On Sep 13, 2014 |
zeemore: [b] **whispering** umu nnem, this is a typical example of voluntarily involuntary homicide. |
Re: The Difference Between Murder, Manslaughter And Homicide by Plaitex(f): 10:05am On Sep 13, 2014 |
op, thanks for the information. |
Re: The Difference Between Murder, Manslaughter And Homicide by officialcharlz(m): 10:13am On Sep 13, 2014 |
ya'll are welcome. |
Striking Non-academic Staff Warn Unilag To Postpone Convocation / NOUN Matriculates 37 Abeokuta Inmates / Jamb .org .ng
(Go Up)
Sections: politics (1) business autos (1) jobs (1) career education (1) romance computers phones travel sports fashion health religion celebs tv-movies music-radio literature webmasters programming techmarket Links: (1) (2) (3) (4) (5) (6) (7) (8) (9) (10) Nairaland - Copyright © 2005 - 2024 Oluwaseun Osewa. All rights reserved. See How To Advertise. 44 |