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| Offense |
Punishment Mandatory sentencing |
| First degree murder | Imprisonment for life to death sentence |
| Second degree murder | Term of years to life |
| Voluntary manslaughter | Fine or up to 15 years imprisonment |
| Involuntary manslaughter | Fine or up to 8 years imprisonment |
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What is homicide? What are the different types of homicide charges? What is the difference between a culpable homicide amounting to murder and a culpable homicide not amounting to murder? What is Murder? What is Manslaughter? What is Justifiable Homicide? | ||||||||||||||||
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What is homicide? Homicide is a term which is used to describe the killing of a human being by another human being. Homicide is the act of killing a human being. The killing of one person by another. There are different levels of homicide and different punishments for each type. To learn more about homicide and types of homicide read the questions below that have been answered by experts. What are the different types of homicide charges?
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What was the person's age at the time of death? Who was the person that died? (identification) What was the profile of the person that died? When did the person die? (date and time) Where did the person die? Did any other person die at the same location on the same date and time? If yes, what is that person's profile? Did any other person get harmed at the same location on the same date and time? What was the manner of death? What was the manner of death? What was the cause of the murder? What was the mechanism of the murder? What was the motive of the murder? What criminal charges were there and who gets charged in this murder? Who brings charges for this murder in the state or outside the state? What can be manner of death? What are the different types of homicide? What can be cause or causes of murder? Is there a difference between causes of death and causes of murder? What is the difference between causes of death and causes of murder? What can be the mechanism of death? What can be motive of murder? What is homicide? What are the different types of homicide? What is the difference between a homicide and a murder? What are the different degrees of murder? What is involuntary manslaughter? What is voluntary manslaughter? What should you know about murder? What is murder? How should you investigate a murder? What is the profile of the individual or individuals directly involved? Who are associates, relatives, and neighbors of the individual or individuals directly involved? What are the degrees of murder? Murder proceedings What individuals are required in murder investigations? Is there a difference between a death investigation of a human being and a murder investigation of a human being? What is the difference between a death investigation of a human being and a murder investigation of a human being? What should those who conduct the death scene investigation be careful of? How should investigators seek facts from the public? What should investigators keep in mind while investigating a murder? Who all are involved in this murder? Who was the victim of this murder? What is the profile of those involved in this murder? Who all are involved in this murder? What is the profile of individual or individuals behind the scenes involved in murder? What is most important in a murder investigation? What can be manner of death? 1) Homicide 2) Accident 3) Suicide (suicide eventually proves to be homicide. Every suicide has component of homicide) 4) Natural 5) Undetermined 6) Pending 7) Any other manner of death. What are the different types of homicide? Homicide
Murder Proxy murder Voluntary manslaughter (homicide) Involuntary manslaughter (homicide) Criminal conspiracy Negligent homicide Cause of Death: Murder Causes of murder What can be cause or causes of murder?
Bomb Blast in Vehicle murder On June 20, 2015, a person under trial was killed and three policemen were injured in a blast in a police vehicle in Hygam area of Sopore, Kashmir. The blast took place in a police vehicle, which was carrying the accused, Waheed Noor Khan, to Srinagar Central Jail after hearing a case against him in a Sopore court. Khan was killed while three policemen were wounded in the explosion. Who conspired in the murder? Who manufactured the bomb? Who transferred the bomb into the vehicle? Who triggered the bomb? Here are further guidelines. |
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What is a forensic pathologist?
Forensic pathologists, or medical examiners, are specially trained physicians who examine the bodies of people who died suddenly, unexpectedly, or violently. The forensic pathologist acts as the case coordinator for the medical and forensic scientific assessment of a given death, How does the forensic pathologist use the history, external physical examination, autopsy and laboratory studies to determine the cause and manner of death? The history is the beginning of the investigation and is of utmost importance in making the determination of cause of death. Where do forensic pathologists work? State department of health. Forensic psychiatrist and forensic pathologist difference. What is the difference between a forensic psychiatrist and forensic pathologist? A forensic psychiatrist has more abilities and knowledge than a forensic pathologist. What are other names for forensic pathologist? Coroner Medical Examiner Origin of term medical examiner is from Scotland. It later was introduced into various American states. Origin of word coroner is from England. It later was introduced into various American states. Here are further guidelines. http://www.qureshiuniversity.com/forensicmedicineinternational.html Here are further guidelines. http://www.qureshiuniversity.org/coronerworld.html Here are further guidelines. http://www.qureshiuniversity.org/coroner.html |
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Is there a difference between a death investigation of a human being and a murder investigation of a human being? Yes. What is the difference between a death investigation of a human being and a murder investigation of a human being? All murder investigations are death investigations. Not all death investigations are murder investigations. A 95-year-old male dies. An investigation is conducted to find if the cause of death was due to old age. This is a death investigation. This is not a murder investigation. A 60-year-old male is found dead with a gunshot wound in the right side of his chest. This is a murder investigation. An example of such a murder investigation is that of Qazi Nizam. He was found dead with a gunshot wound on the right side of his chest. What should those who conduct the death scene investigation be careful of? Do not lie. Do not misinterpret the facts. Do not lie and make murder a natural death. Many investigators are investigating from a distance. These include a forensic psychiatrist, forensic pathologist, police investigators from a distance, and other investigators. More than 50 years later, an investigator can charge a suspect even if the investigator was not present at the murder scene. You must know there are other investigators investigating from a distance. Suspicious premature death is murder unless proven otherwise. How should investigators seek facts from the public? Various communication methods are utilized. Any individual or individuals who have any facts about this murder are required to report them as soon as possible. You can forward facts directly or indirectly. What should investigators keep in mind while investigating a murder? Do not consider only the specific crime scene. Connect all criminals related to the murder even if miles away. These examples will make you understand. This happened in Srinagar, Kashmir. A person is requested to reach a location at least seven miles away. A firearm is provided by some other individual. Two individuals are waiting at the location seven miles away. An individual is murdered seven miles away from the location where he is asked to meet others. Who all are involved in this murder? The individual who requested the person to go seven miles away. The person who arranged the firearm for murder. The two individuals who fired at the location seven miles away, causing firearm murder. The manufacturer of the firearm. The firearms manufacture has to verify that the firearms go to civilized persons who do not murder others, even police. Five Individuals are immediately involved in this murder. Further investigation will reveal if more than five are involved in the murder. Who was the victim of this murder? What is the profile of those involved in this murder? Who all are involved in this murder? What is the profile of individual or individuals behind the scenes involved in murder? Here are further guidelines. |
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Who conspired to murder President Kennedy? George H. Bush What were the duties of George H. Bush at that point? Director Central Intelligence Agency Why did he conspire to murder President Kennedy? He had a desire to become the President of the United States Who investigated this case? Doctor Asif Qureshi, forensic psychiatrist I am a good investigator. If you need help in your investigations, let me know. |
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Individuals Involved What questions needs to be answered? When, where, and what has happened? Why did this happen? How did this happen? Who all are involved? Who reported or complained about the incident? Is this one incident or many incidents with many criminals involved that makes this a criminal conspiracy? Who witnessed the incident? What medium of communications was utilized? What other facts are relevant to the incident? What statements were issued? Complainant: Who has filed this complaint? What is the profile of the individual with first name, last name, home address, work address, phone, email? Alleged Offender(s): Who are the alleged offenders? What is the profile of the alleged Offender or offenders? Was the alleged offender on duty, duty related, or off duty? Was the alleged offender one person, many people, department in the state or outside the state, company or any other entity involved? What concept of felony/felonies or misdemeanor/s is applicable to the situation? When, where, how, what best describes the harms from offenders? What punishments do they deserve? What questions remain unanswered? There can be an aviation investigator. Specific department investigator in the state. Police investigator What are other names for police investigator? Detective Patrol officer training What should a patrol officer know?
Has crime been committed? Who has committed the crime? Crimes in progress As soon as the police receive a call that a crime is in progress, they send officers to the scene of the crime as soon as possible. The officers may be able to catch the criminal right on the scene. The officers will then make an arrest take the criminal(s) to the police station or the county jail for booking. Unsolved crimes When does the case go to police investigator or detective? If a crime was not observed in progress and was particularly serious or complicated, the police may assign the case to a detective. He/she will then manage a team of investigators to develop a list of suspects and find the actual criminal defendant. Police investigator What should a police investigator or detective know? Police investigators usually work in specialized units within detective bureaus of police departments. Here are further guidelines. |
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June 9, 2015 Murder of Mohammad Altaf Sheikh in Sopore, Kashmir. Profile of all police officers posted at this police station and other police stations must be displayed publicly with answers to relevant questions. Police officers must show competence relevant to public services. Sopore Dangiwacha, Sopore Bomie, Sopore Panzalla, Sopore Tarzoo, Sopore What do you know about this case? Who all are involved? How could this be prevented? What is the profile of all police officers associated with Sopore police station, Sopore, Kashmir? What should happen if police officers in the state show noncompliance to public service? Suspension, termination from service, further enquiry of nonexempt emergency responders and their supervisors. Can emergency responders and their supervisors be suspended, terminated, with further enquiry? Yes. What are the reasons for their suspension? Failure to reach emergency location within specific time while on duty. E-mail, call, fax, or forward postal mail if you have any questions. This is Asif Qureshi founder Qureshi University and Global Democratic party at your service 24 hours a day, seven days a week. |
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What should you know about criminal investigations? Any criminal investigation or inquiry, including from murder, rape, criminal conspiracies, and similar crimes cannot be hidden under any excuse to cover up crime. All such criminal investigations have to be made public with punishments of criminals. The public has to be updated about these criminals even if they have been placed fraudulently in the administration and causing obstruction of justice. They must be updated about obstruction of justice. What should happen if an individual refuses to answer? There should be imprisonment or committal of persons refusing to answer. In some regions, this has a specific code number or section 349. Inform those refusing to answer that the consequences will be imprisonment or committal, and the death penalty for those who deserve it. |
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Coroner investigations Is this a murder case? What facts are known about this case up to now? What questions need to be answered about this murder case? Do you have a murder case that needs to be investigated? E-mail, call, fax, or forward by postal mail. What does a murder investigation look like? Case 1 http://www.qureshiuniversity.com/onthespotmecase1.html Case 2 http://www.qureshiuniversity.org/casescenarionovember302012.html Case 3 http://www.qureshiuniversity.org/casescenerio1.html Case 4 http://www.qureshiuniversity.org/deathaudit.html Are you having a difficult criminal investigation? What do you have to do if you are having a difficult criminal investigation? Get information from all sources. Try to determine the truth from all information you have. Connect various dots of crime scenes, criminals, etc. Answer questions like what, where, when, who, why, how. Is it a criminal investigation puzzle? Crime investigation puzzle. Put together all available pieces of the puzzle. Forensic puzzles and challenges. A hypothesis or conclusion should not be formulated until all available puzzle pieces have been gathered. Put new corroborating facts together. Do not disregard the pieces that do not fit; these puzzle pieces may be useful later. Answer relevant questions applicable to a specific criminal investigation. What is the conclusion? What punishments do the guilty parties deserve? What are other names for crime? Criminal offense Offense What is the name of the document that has a catalog of crimes? Criminal code Penal code |
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How Computer Forensics Works How Crime Scene Investigation Works How Crime Scene Photography Works |
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Investigators Here are further guidelines. |
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Cause and Manner
The Cause of Death is the disease or injury responsible for the lethal sequence of events. A competent cause of death should be etiologically specific. The Underlying or Proximate Cause of Death is that which, in a continuous sequence, unbroken by an efficient intervening cause, produces the fatality and without which the end result would not have occurred. Immediate causes of death are complications and sequelae of the underlying cause. There may be one or more immediate causes, and they may occur over a prolonged interval, but none absolves the underlying cause of its ultimate responsibility. For example, a man sustains a transabdominal gunshot wound with perforation of the colon. In spite of multiple operations and other treatment, over a period of three months, he develops generalized peritonitis, septicemia, disseminated intravascular coagulation and adult respiratory distress syndrome. The abdominal gunshot wound is the proximate or underlying cause of death and all of the complications listed are the immediate causes of death. Mechanisms of Death are alterations of physiology and biochemistry whereby the cause exerts its lethal effect. Mechanisms of death are never etiologically specific and are unacceptable as substitutes for the underlying cause of death. Common fatal mechanisms of death include congestive heart failure, cardiac arrhythmias, septicemia, disseminated intravascular coagulation, hepatic failure and anoxic encephalopathy. When completing a death certificate or when analyzing a fatality in an attempt to ascertain why a person died, mechanisms of death and immediate causes of death can be used interchangeably, but the “bottom line” underlying cause of death must be an etiologically specific disease or injury. The term “cardiorespiratory arrest” is a description of being dead, not a cause of death. Mechanism of death ========================================================================= Defined as the immediate physiologic derangement resulting in death Examples: hemorrhage, cardiac arrhythmia, cerebral hypoxia, sepsis A particular mechanism of death can be produced by a variety of different causes of death Manner of death ========================================================================= Manner of death can be classified in six ways: 1) Natural 2) Accident 3) Suicide 4) Homicide 5) Undetermined 6) Pending Defined as how the death came about; a judgment based on circumstances surrounding the fatal event In most jurisdictions the following categories are used: - Natural: due entirely (or nearly so) to natural disease processes - Homicide: due to a volitional act of another person with the intent to cause fear, harm or death - Homicidal manner does not indicate a criminal homicide, which is determined by the legal process and not by the certifier of death - Suicide: due to injury that occurred with the intent to induce self-harm or cause one’s own death - Accident: due to injury when there is no evidence of intent to harm - Undetermined: inadequate information regarding the circumstances of death to determine manner; example: individual found unconscious with massive subdural hemorrhage; in the absence of information on the events leading up to death, it is impossible to determine if the hemorrhage is due to accidental fall, homicidal violence, etc. When death is due to a combination of natural and unnatural events, preference is generally given to the non-natural cause; example: a man suffers a myocardial infarction while swimming in the ocean, loses consciousness, and drowns; the manner of death is ruled accident, as he may potentially have survived if the fatal myocardial infarction had occurred on land The “but-for” principle asks the question “But for the inciting injury (or event), would the decedent still be alive?” In most jurisdictions, deaths due to motor vehicle collisions are considered accidental in manner Deaths due to complications of medical therapy that are reasonably expectable (e.g. neutropenia due to chemotherapy, digoxin toxicity) are considered natural Deaths due to improper use of medical devices or improper therapy (e.g. malfunctioning morphine drip, failure to repair obvious arterial injury inflicted during surgery) are considered accidental While acute alcohol or drug toxicity is considered an accidental death, deaths due to consequences of chronic substance abuse (hepatic cirrhosis due to ethanol abuse, endocarditis secondary to IV drug use) are conventionally considered natural in manner Homicide Classifications First Degree Murder: First degree murder is a form of criminal homicide, where the killing was pre-meditated or planned. "These are acts involving the death of someone in 'cold-blood' or by 'lying in wait.' Second Degree Murder: Second degree murder includes murders (intentional killings) that do not fit under the first degree murder category. While the murder was not pre-meditated, there exists the intent to kill and thus culpability. Voluntary Manslaughter: Like first and second degree murder, a person who commits voluntary manslaughter is still committing a culpable act (one that deserves blame). Criminal Lawyer Daniel Brown explains the difference between murder and manslaughter: "Since 'murder' is defined as the intentional killing of a human being, any murder committed without intent to kill is manslaughter". Professor Stevens adds that voluntary manslaughter is a "sudden passion" act based on provocation that would cause a reasonable person to lose self control. While voluntary manslaughter is intentional, it is generally committed without malice (or without evil desire). In 2006, Mary Winkler shot and killed her husband Matthew Winkler, claiming she did so because he was physically and sexually abusive. She was convicted of voluntary manslaughter. Involuntary Manslaughter: Involuntary manslaughter is also known as criminally negligent homicide. It is characterized by reckless behavior or the omission of behavior which directly leads to unintentionally killing an individual. Acts related to public safety (i.e. the careless use of modes of transportation or firearms) are common examples. Justifiable Homicide: Homicides are considered justifiable when there is "no fault" or culpability. Excusable Homicide: In the case of excusable homicides, the person who committed the homicide is not held legally responsible due to insanity or another personal disability. Why is the Medical Examiner's office involved? All deaths in which there are unexplained, unusual or suspicious circumstances. •Homicides •Suicides •Maternal deaths following abortion. •Deaths due to poisoning, whether homicidal, suicidal, or accidental. •Deaths following accidents, whether the injury is or is not the primary cause of death. •When there was no physician or accredited practitioner in attendance within 30 days preceding death. •When a physician refuses to sign or is unable to sign the death certificate. •Deaths of inmates of public institutions, who have not been hospitalized for organic illness. •Deaths that occur in association with, or as a result of diagnostic, therapeutic, or anesthetic procedures. •Deaths due to neglect. •Fetus of 20 weeks or older, unattended by a physician or practitioner. •Sudden deaths of persons not Insane by recognizable disease processes, in which a fracture of a major bone (femur, humerus, or tibia) has occurred within the past six months. •Deaths occurring outside of a hospital or nursing home, and not enrolled in a palliative care program under the care of a physician. •Occupational related deaths attributable entirely or in part to external work place factors. •Sudden and unexpected deaths occurring in infants or children under the age of 2, under circumstances not explained by a pre-existing medical problem. |
Mechanical Injuries
Contusions Lacerations Incised wounds Stab wounds Firearm wounds Fractures and dislocation Chemical Injuries Legally, injuries are classified into: (1) Simple, and (2) Grievous. Injury can be classified into four groups: physical, Human rights violations, intentional, and injury to reputation. |
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What individuals are required in murder investigations? Forensic pathologist Forensic psychiatrist Police patrol officer Police investigator Judicial magistrate in the state. State chief justice State attorney Community leaders Media professionals Military police in the state Intelligence and counterintelligence Officers in the state Community police officers in the state Individuals who have any knowledge of this specific murder. World military International police Others What needs to be done to protect human rights in the state and outside the state? Who has the duty to monitor human rights violations in the state and outside the state? What should be the role of the world military in protecting human rights? Is the world military ready to protect human rights? What should be the role of international police in protecting human rights? Are international police ready to protect human rights? Is there a difference between a death investigation of a human being and a murder investigation of a human being? Yes. What is the difference between a death investigation of a human being and a murder investigation of a human being? All murder investigations are death investigations. Not all death investigations are murder investigations. A 95-year-old male dies. An investigation is conducted to find if the cause of death was due to old age. This is a death investigation. This is not a murder investigation. A 60-year-old male is found dead with a gunshot wound in the right side of his chest. This is a murder investigation. An example of such a murder investigation is that of Qazi Nizam. He was found dead with a gunshot wound on the right side of his chest. What should those who conduct the death scene investigation be careful of? Do not lie. Do not misinterpret the facts. Do not lie and make murder a natural death. Many investigators are investigating from a distance. These include a forensic psychiatrist, forensic pathologist, police investigators from a distance, and other investigators. More than 50 years later, an investigator can charge a suspect even if the investigator was not present at the murder scene. You must know there are other investigators investigating from a distance. Suspicious premature death is murder unless proven otherwise. How should investigators seek facts from the public? Various communication methods are utilized. Any individual or individuals who have any facts about this murder are required to report them as soon as possible. You can forward facts directly or indirectly. What should investigators keep in mind while investigating a murder? Do not consider only the specific crime scene. Connect all criminals related to the murder even if miles away. These examples will make you understand. This happened in Srinagar, Kashmir. A person is requested to reach a location at least seven miles away. A firearm is provided by some other individual. Two individuals are waiting at the location seven miles away. An individual is murdered seven miles away from the location where he is asked to meet others. Who all are involved in this murder? The individual who requested the person to go seven miles away. The person who arranged the firearm for murder. The two individuals who fired at the location seven miles away, causing firearm murder. The manufacturer of the firearm. The firearms manufacture has to verify that the firearms go to civilized persons who do not murder others, even police. Five Individuals are immediately involved in this murder. Further investigation will reveal if more than five are involved in the murder. Who was the victim of this murder? What is the profile of those involved in this murder? Who all are involved in this murder? What is the profile of individual or individuals behind the scenes involved in murder? Here are further guidelines. What is most important in a murder investigation? Getting answers to relevant questions. No questions can remain unanswered. Here are further guidelines. |
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Recorded as criminal deposition of Riyaz Jan. Lawyer of Kashmir High Court Riyaz Jan Srinagar, Kashmir. Riyaz Jan: What were your duties when Jaleel Andrabi was murdered? Riyaz Jan: What were your duties when Abdul Qadir Sailani was murdered? Riyaz Jan: What do you understand by murder conspiracy in which you are involved? Riyaz Jan: How many lies, cheatings, frauds, conspiracies, harms, and criminal activities have you committed so far? Who asked Abdul Qadir Sailani to go from Dalgate, Srinager, to Buchpora, Srinagar, where he was murdered? Who asked Jaleel Andrabi to meet the military officer who murdered him? How are you (Riyaz Jan) involved in their murder conspiracy? What are his declared assets? What are his undeclared assets? Where does he sleep every day? Who else is usually in his bedroom? How big is the room? Where has he been sleeping every day for the past 50 years? What does he eat every day? Where does he procure his food resources every day? Whom does he meet every day? How truthful is this individual? What records are there relevant to him getting sex for hushing up cases? What records are there relevant to bribes for hushing up cases? Keep jail ready for Riyaz Jan’s transfer to jail. Criminal in the disguise of public service. Airforce military airdrop operations may be required for certain jails in Kashmir and outside Kashmir. World military help is required. |
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State Department of Investigations Do you have any new cases for investigations? How does a new case go ahead? What is known about this case? What questions need to be answered relevant to this case? What is known about this case? Here is an example. On the night of January 18–19, 2002, there was a disappearance of a chemist, Manzoor Ahmad Dar, a resident of Rawalpora area of Srinagar, who was taken away by Major Kishore Malhotra. Why is this criminal activity from detainer/abducted and not an arrest? Due process of law was not followed. Who has filed the complaint? Manzoor’s wife, Jana. What type of case is this? Missing/custodial disappearance/murder What questions need to be answered relevant to this case? Where is he now? Is he dead or alive? Where is Kishore Malhotra, who took away Manzoor Ahmad Dar on January 18–19, 2002, at Rawalpora area of Srinagar, Kashmir? Who has the duty to answer these questions? Who needs to be terminated from service relevant to this case? Who needs to be taken into custody relevant to this case? Here are further guidelines: www.qureshiuniversity.com/murder.html Here are further guidelines. Why are C-130 or C-17 Hercules military aircraft required in certain investigations in the state and outside the state? A murderer like Kishore Malhotra has to be arrested and taken into custody for this murder and for public safety. |
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Amicicide – the act of killing a friend. ("amicus" being Latin for friend) Androcide - the systematic killing of men. Capital punishment – the judicial killing of a human being for odious crimes. Democide - the murder of any person or people by a government Ecocide - the destruction of the natural environment by such activity as war, overexploitation of resources, or pollution Euthanasia (also mercy killing) – the killing of any being for compassionate reasons i.e. significant injury or disease. Femicide (also Gynecide, Gynaecide, or Gynocide) – the systematic killing of women Gendercide - the systematic killing of members of a specific sex, either males or females Genocide – the systematic extermination of an entire national, racial, religious, or ethnic group. Homicide – the act of killing of a person ("homo" being Latin for man) Human sacrifice – the killing of a human for religious reasons Murder - the malicious and unlawful killing of a human by another human Manslaughter - Murder, but under legal mitigating factors Omnicide – the act of killing all humans, to create intentional extinction of the human species. ("omni" meaning all) Paedocide - the act of killing a child or children. Populicide – the slaughter of the people. |
What are the different types of homicide?
What is the difference between a homicide and a murder? Put in the simplest terms, all murders are homicides, but not all homicides are murders. What are the different degrees of murder? The phrase "degrees of murder" refers to the intent or severity of a particular murder charge. Some states define their degrees of murder numerically. Common degrees of murder include first degree murder and second degree murder. Other states place specific labels on their murder offenses, such as capital murder, murder, and justifiable homicide. Despite the label of the degree of murder, the idea is to gradually increase the punishment with the degree. The more egregious the killing, or the motive behind a killing, then the higher the degree of punishment for that type of murder charge. First Degree or Capital Murder First-degree murder, or capital murder as it is often called, is the most serious form of murder. In most states, a first degree murder involves elements like deliberate planning, premeditation, or malice. Deliberate means that the defendant makes a clear-headed decision to kill the victim. Premeditation involves showing the defendant actually thought about the killing before it occurred. The period of thought required to classify a murder as premeditated may be very brief. A killing with malice requires proof that the defendant did a harmful act without just cause or legal excuse. For example, if someone decided to kill a business rival who is attempting a corporate takeover by purchasing a gun and waiting for the victim in a deserted parking garage, then the shooting would have all the elements of first-degree murder. If, on the other hand, business competitors got into a fight when the rival announced his intention to take over the other man's business, and the second man flew into a rage and hit the rival with it, causing his death, the killing would not be classified as a first-degree murder because the defendant did not plan or make the decision to kill in advance. Some states have additional factors which classify a murder as a first degree murder or capital murder. The first factor is usually the motive. Why did the offender want to kill the victim? Certain motives result in a higher degree felony. These motives can include the victim being a police officer, or where the murder was racially motivated. The second factor is simply the context of the murder. How did the murder occur? Other states will charge a defendant for first degree murder if more than one person was killed during the same episode or it the victim was under or over a certain age and particularly vulnerable. Others enhance the murder degree if it was combined with another felonyThe second factor is simply the context of the murder. How did the murder occur? Other states will charge a defendant for first degree murder if more than one person was killed during the same episode or it the victim was under or over a certain age and particularly vulnerable. Others enhance the murder degree if it was combined with another felony like sexual assaultThe second factor is simply the context of the murder. How did the murder occur? Other states will charge a defendant for first degree murder if more than one person was killed during the same episode or it the victim was under or over a certain age and particularly vulnerable. Others enhance the murder degree if it was combined with another felony like sexual assault or robbery. The third factor is how the murder was committed. Some states consider killings committed in specific fashion to be first-degree murder. Although these vary by state, they can include killing by poison, by lying in wait, and by torture. States may also presume malice if the killing is done with a deadly weapon. Second Degree Murder Second degree murder is killing another with malice - doing a harmful act without just cause or legal excuse - but without premeditation or deliberation. In other words, this means intentionally killing someone without planning to do so in advance. If a person becomes angry, walks over to a desk where he keeps a gun that is kept just for his protection, takes out the gun and shoots another person, that may be second-degree murder because there was no plan or advance decision to kill. It would still be second degree murder because the act of taking out the gun and shooting was intentional. Felony Murder Felony murder is a killing that happens during the course of the commission of a felony. The murder isn’t necessarily planned out or intended, it’s just a consequence of the other offense. Even a death that is an accident will be considered felony murder by most states if it happens while a felony is being committed. Any defendant charged with murder should understand the degree of their murder chargesAny defendant charged with murder should understand the degree of their murder chargesAny defendant charged with murder should understand the degree of their murder charges because it can affect the level of punishment and defensive strategies. Capital or first degree charges can result in the death penalty in some states. Understanding the different degrees can literally be a life or death decision. What is involuntary manslaughter? What is voluntary manslaughter? Motive (law) A motive, in law, especially criminal law, is the cause that moves people to induce a certain action. The law technically distinguishes between motive and intent. "Intent" in criminal law is synonymous with mens rea, which means no more than the specific mental purpose to perform a deed that is forbidden by a criminal statute, or the reckless disregard of whether the law will be violated.[citation needed] "Motive" describes instead the reasons in the accused's background and station in life that are supposed to have induced the crime. Motives are oftentimes broken down into three categories; biological, social and personal. What is murder? The crime of murder is the willful taking of another person's life. In almost all jurisdictions murder is classified as either first-degree or second-degree. First-degree murder is both the intentional and premeditated killing of a person, or as it is sometimes referred to with malice aforethought, which means the killer deliberately killed out of ill will toward the victim. Second-degree murder is charged when the killing was intentional but not premeditated, but also was not done in the "heat of passion." Second-degree murder can also be charged when someone is killed as a result of reckless conduct without concern for human life. Homicide is a legal term for any killing of a human being by another human being. It is this state of mind that differentiates murder from other types of criminal homicide like voluntary and involuntary manslaughter. Malice Aforethought Originally, malice aforethought under the law meant that the killing was intentional and premeditated. To constitute murder by being premeditated, a period of time actually had to elapse between the formulation of a plan to commit murder and its being carried out. Today, most courts have broadened the meaning of malice aforethought to include all situations where the perpetrator can be said to have acted with malice. There are four different states of mind that the courts consider to be evidence of an actor's malice. They include: 1.an intent to kill; 2.an intent to commit grievous bodily injury; 3.a reckless indifference to the value of human life; and 4.the intent to commit certain dangerous felonies, such as armed robbery. Malice aforethought may not be evidence in all situations of homicide, such as a homicide committed accidentally or in self defense. Murder vs. Manslaughter Murder differs from voluntary manslaughter in that the latter's perpetrator had no prior intent to kill the victim, and probably acted in the heat of passion. Murder differs from involuntary manslaughter in that the latter's perpetrator had no intent to kill at all, but acted in a reckless or unreasonable manner. For example, an offender who runs a red light while driving and hits a pedestrian who later dies has acted in a reckless manner and is guilty of involuntary manslaughter. Murder is graded as a felony and can be a capital crime that can be punishable in many states by the death penalty. What is another word for murder? Homicide, manslaughter, assassination, killing, slaying, unlawful death, contract killing, slaughter, massacre. What are the degrees of murder? The phrase "degrees of murder" refers to the intent or severity of a particular murder charge. Some states define their degrees of murder numerically. Common degrees of murder include first degree murder and second degree murder. Other states place specific labels on their murder offenses, such as capital murder, murder, and justifiable homicide. Despite the label of the degree of murder, the idea is to gradually increase the punishment with the degree. The more egregious the killing, or the motive behind a killing, then the higher the degree of punishment for that type of murder charge. First Degree or Capital Murder First-degree murder, or capital murder as it is often called, is the most serious form of murder. In most states, a first degree murder involves elements like deliberate planning, premeditation, or malice. Deliberate means that the defendant makes a clear-headed decision to kill the victim. Premeditation involves showing the defendant actually thought about the killing before it occurred. The period of thought required to classify a murder as premeditated may be very brief. A killing with malice requires proof that the defendant did a harmful act without just cause or legal excuse. For example, if someone decided to kill a business rival who is attempting a corporate takeover by purchasing a gun and waiting for the victim in a deserted parking garage, then the shooting would have all the elements of first-degree murder. If, on the other hand, business competitors got into a fight when the rival announced his intention to take over the other man's business, and the second man flew into a rage and hit the rival with it, causing his death, the killing would not be classified as a first-degree murder because the defendant did not plan or make the decision to kill in advance. Some states have additional factors which classify a murder as a first degree murder or capital murder. The first factor is usually the motive. Why did the offender want to kill the victim? Certain motives result in a higher degree felony. These motives can include the victim being a police officer, or where the murder was racially motivated. The second factor is simply the context of the murder. How did the murder occur? Other states will charge a defendant for first degree murder if more than one person was killed during the same episode or it the victim was under or over a certain age and particularly vulnerable. Others enhance the murder degree if it was combined with another felony like sexual assault or robbery. The third factor is how the murder was committed. Some states consider killings committed in specific fashion to be first-degree murder. Although these vary by state, they can include killing by poison, by lying in wait, and by torture. States may also presume malice if the killing is done with a deadly weapon. Second Degree Murder Second degree murder is killing another with malice - doing a harmful act without just cause or legal excuse - but without premeditation or deliberation. In other words, this means intentionally killing someone without planning to do so in advance. If a person becomes angry, walks over to a desk where he keeps a gun that is kept just for his protection, takes out the gun and shoots another person, that may be second-degree murder because there was no plan or advance decision to kill. It would still be second degree murder because the act of taking out the gun and shooting was intentional. Felony Murder Felony murder is a killing that happens during the course of the commission of a felony. The murder isn’t necessarily planned out or intended, it’s just a consequence of the other offense. Even a death that is an accident will be considered felony murder by most states if it happens while a felony is being committed. For example, if someone becomes frightened and falls down a flight of stairs during a robbery, that would be felony murder in some states, even though the death was accidental and the robber did not mean to cause the death. If three people are involved in robbing a bank and one of them shoots a guard, without any preplanning with the others, then all three could be guilty of felony murder, since they willingly participated in the robbery and knew that there was a possibility that someone could get hurt during the course of the robbery. Any defendant charged with murder should understand the degree of their murder charges because it can affect the level of punishment and defensive strategies. Capital or first degree charges can result in the death penalty in some states. Understanding the different degrees can literally be a life or death decision. What is homocide? Homicide is the killing of one person by another. Every state has some type of homicide statute, but the concept behind the homicide charge evolved from common law principles. Homicide is the killing of a human being by the act, procurement, or omission of another, death occurring at any time, and is either (1) murder, (2) homicide by abuse, (3) manslaughter, (4) excusable homicide, or (5) justifiable homicide. 304 (1) (culpable homicide not amounting to murder) Causing death by negligence (Section 304A of IPC) Homicide defined. Premeditation -- Limitations. Murder in the first degree. Murder in the second degree. Homicide by abuse. Manslaughter in the first degree. Manslaughter in the second degree. What is involuntary manslaughter? Involuntary manslaughter is defined as the unlawful killing of a human being without malice aforethought. In order to be involuntary manslaughter, the killing must have been unintentional. Different states have different definitions of or requirements for involuntary manslaughter. Generally, there are two ways to commit involuntary manslaughter: when a person causes the death of another during a lawful act carried out with a high level of negligence, or when a person causes the death of another while committing or attempting to commit a low-level unlawful act. Involuntary Manslaughter Through Negligence A person can commit a lawful act, but in doing so use a level of negligence that rises above typical civil negligence. If this negligence causes a death, that person can be charged with involuntary manslaughter. The type of language used to describe the level of negligence necessary to support a charge of involuntary manslaughter depends on the state. Many states use a variation of criminal negligence or gross negligence. These descriptors do not require the person who was negligent to have been aware of the level of the risk of his or her actions to be culpable for involuntary manslaughter. For example, if a person driving recklessly or under the influence of alcohol kills someone in an accident, this would be criminal negligence. Other states use language such as wanton conduct or reckless conduct to describe the level of negligence necessary to trigger the possibility of involuntary manslaughter. If the state uses such terms, the test is more subjective than the test for criminal or gross negligence and requires the person to have known the risk of his or her action and yet taken it anyway. In addition, a failure to act or to perform a duty can constitute involuntary manslaughter. In such situations, the person who caused the killing of another must have had some sort of duty toward the deceased. For example, if a parent fails to get adequate medical treatment for a child and the child dies as a result of that failure, the parent may be culpable for involuntary manslaughter. Misdemeanor Manslaughter The second type of involuntary manslaughter is commonly known as misdemeanor manslaughter. Generally, if a person is committing a misdemeanor and unintentionally causes the death of another, that person may be prosecuted for involuntary manslaughter. However, the kind of misdemeanor the person committed may, depending on the state, determine whether the person can be charged with involuntary manslaughter. In some states, the misdemeanor must be malum in se – illegal because it is wrong in itself – as opposed to malum prohibitum – illegal because it has been made so by statute. An example of a malum in se misdemeanor is assault, while an example of a malum prohibitum misdemeanor is driving without a license. The commission of a malum prohibitum misdemeanor can also lead to involuntary manslaughter charges if the death was a foreseeable consequence of the crime committed. It is also possible to be culpable of involuntary manslaughter if a person causes a death while committing a non-dangerous felony. An example of a non-dangerous felony is practicing medicine without a license. States may differ in their definitions of dangerous and non-dangerous felonies. Causing a death during the commission of a dangerous felony may lead to a felony murder charge, which is much more serious than involuntary manslaughter. Defenses to Involuntary Manslaughter Charges Defenses to involuntary manslaughter charges depend on the type of charges. If the defendant is charged with involuntary manslaughter because of a negligent act that caused a death, one possible defense is to argue that the negligence did not rise to the level necessary to be gross or criminal. Arguing that the victim was also negligent, however, is not a defense in involuntary manslaughter charges. If a defendant is charged with misdemeanor manslaughter, any defense to the underlying misdemeanor is also a defense to the involuntary manslaughter charge. This means that if the defendant assaulted someone with little force yet inadvertently caused the victim’s death, the defendant could argue that he was acting in self-defense. Because self-defense is a defense to assault, it is also a defense to the misdemeanor manslaughter charge. Sentencing in Involuntary Manslaughter Cases The sentence for a conviction of involuntary manslaughter depends on whether state or federal sentencing guidelines apply. If the conviction is in a federal court, the sentence can be anywhere from one to six years according to the judge's discretion. If the conviction is in a state court, that state’s guidelines apply, and those guidelines vary greatly depending on the state. Some states base the sentence on the level of severity. In those cases, the judge decides whether the situation calls for a low, middle, or high severity sentence and then the person is sentenced to the number of years corresponding to that level. Other states designate the type of manslaughter as a class of felony, and then assign a sentence based on that class. New York State differentiates between negligent homicide and involuntary manslaughter due to recklessness. Negligent homicide belongs to a class that allows for a sentence of about five months to four years, and involuntary manslaughter due to recklessness belongs to a class that allows for a sentence of zero to fifteen years according to the discretion of the judge. Consequences of a Conviction for Involuntary Manslaughter Involuntary manslaughter will appear on a person’s criminal record. Some states also restrict people who have been convicted of involuntary manslaughter from owning or possessing guns, but usually only when the conviction is based on reckless use of a firearm. Involuntary manslaughter convictions may cause difficulty finding employment because it may appear on background checks, and in addition certain professional licenses will not be issued to those convicted of these types of crimes. In some states, landlords may have access to conviction records when running rental background checks as well. Manslaughter is a serious crime, and can have long lasting consequences, however, a criminal defense lawyer can often help by reducing the charges and decreasing the probability of a conviction. What is voluntary manslaughter? Voluntary manslaughter occurs when one person kills another after adequate provocation, that is, there has been action that was sufficient to incite an ordinary person to sudden and intense passion such that he loses self-control. Although the person may have intended to kill the victim in a voluntary manslaughter situation, it is not voluntary manslaughter if the killing was pre-meditated. Voluntary manslaughter may also occur when one person kills another without malice, which means that they did not intend to cause the death. A killing that would have been murder may be reduced to manslaughter if the defendant committed the killing because he mistakenly believed he needed to use deadly force to defend himself or another. The exact definition of voluntary manslaughter may vary somewhat between states. Voluntary Manslaughter Based On Sudden Passion When one person kills another after adequate provocation, a killing that would have originally been murder may be reduced to voluntary manslaughter. To be considered adequate, there are four requirements. First, the provocation must have been sufficient to incite an ordinary person to lose self control. However, it is not enough that the provocation was sufficient, the provocation must actually have caused the defendant to personally lose self control. In addition, very little time must have elapsed between the provocation and the killing. The amount of time that passed between the provocation and the killing must have been so brief that an ordinary person would not have had time to regain his composure. Lastly, the defendant must personally have failed to compose himself between the provocation and the killing. In most states, adequate provocation is limited to the passion aroused by situations like a threat of deadly force, or at least of physical force, or by finding a spouse in bed with another person. Oral threats alone are not usually considered adequate provocation for voluntary manslaughter. If the oral threats are combined with an assaultive or violent history with the victim, then providing the history could be sufficient for a voluntary manslaughter instruction. Killing Without Intent or Imperfect Self-Defense The next type also is referred to as an imperfect self-defense claim. In states with this type of penal code, voluntary manslaughter occurs when a person kills another person, but does so without malice. For example, if a person and a co-worker both consent to fight, neither could claim self-defense to an assault charge because both mutually agreed to the assault. If the co-worker dies during the fight because of an unusual punch, the person could be charged with voluntary manslaughter. The charge would be manslaughter, instead of murder, because the intent in joining the fight was not to kill the other person, even though the conduct resulted in the victim’s death. To obtain a request for a lesser included instruction on voluntary manslaughter based on self-defense or mutual combat, the defense must present some evidence that the victim provoked the event, agreed to participate in the event, or that the defendant had effectively withdrawn from the event but the victim continued. Getting Help Voluntary manslaughter tends to overlap with other theories and defenses. Some situations may also fit a regular self-defense claim. Other circumstances may work with a request for a lesser included instruction for negligent homicide, which is an even lower category of offense than voluntary manslaughter. Choosing the best defensive theory in relation to the facts of your case is critical to an effective overall defensive strategy. A local criminal defense attorney can inform you of any state restrictions on raising a defense of voluntary or involuntary manslaughter and its impact on your case. What is Justifiable Homicide? Death Penalty What is the Death Penalty? The punishment of execution, administered to someone legally convicted of a capital crime. A sentence or punishment of death by execution. What is another word for 'death penalty'? Execution Legalized killing Capital punishment Death sentence Death warrant Judicial execution When Homicide is Considered “Excusable” Excusable homicide is homicide committed accidentally or with sufficient provocation while doing some lawful activity. For example, if someone is physically attacked in a parking garage and kills the attacker while defending himself, that would be excusable homicide. However, in order for the victims’ actions to be deemed excusable homicide, the attack victim could not have used a dangerous weapon or killed in a cruel or unusual way. Some states place requirements or limitations on excusable homicides. For example, some impose a duty to retreat or restrictions on the type of force used in order to perfect a claim of excusable homicide. If a defendant retreats, but reinitiates contact that leads to the homicide, then the homicide would not be excusable. For example, if the attacker in the garage ran away, but the defendant later saw the attacker and confronted him, then the defendant would not be excused from a resulting homicide because the defendant reopened the event. What it Means to Commit Criminal Homicide Criminal homicide is the unlawful killing of another. It is usually divided into categories based on the intent of the person. Some categories include murder, manslaughter, and criminally negligent homicide. The more intentional the behavior, the higher the level of charge and punishment will be. Murder is considered a specific intent crime, which means that the person committed an act that was actually intended to kill or seriously harm another. For example, if a woman was mad at her ex-husband and drove a car directly at him and the collision resulted in his death, then the elements of criminal or unjustified homicide would be satisfied because she specifically intended to harm him. However, if the woman ran a stop sign because she was texting while driving, then she would not be guilty of criminal homicide because she lacked the specific intent to harm. Although not guilty of murder, she could be found guilty of a lesser charge such as manslaughter or criminally negligent homicide, which only require the showing of reckless or negligent conduct. Most state statutes set out what constitutes criminal homicide in general terms. Rarely do they contain “bright line” rules on what the prosecution must prove to meet the “intent” element of a homicide charge. Instead, most courts will look to the factors before, during, and after an offense to decipher what a defendant was thinking or actually intending. Though not an outright defense, some states allow defendants to present evidence of “sudden passion.” Sudden passion occurs when the victim does something to provoke to the defendant, but the provocation does not amount to self-defense. For example, if a man catches his wife in bed with another man and ends up shooting the man in a rage of emotion and anger, then he could admit that he committed the act of murder, but was compelled by the sudden passion of the moment. If a defendant is successful in a sudden passion argument, they are not excused from the commission of the offense, but rather are punished at a lower level. What is murder? What is negligent homicide? What is manslaughter? Death Row Inmates by State Manslaughter is the unlawful killing where there is not an “Intent to Kill” It is broken down into three different “types” of cases: Vehicular manslaughter — Similar to an involuntary manslaughter charge, this criminal charge involves the operation of a vehicle that resulted in a lawful act in an unlawfully dangerous manner or gross negligence. Prosecutors have discretion in charging at the felony or misdemeanor level. Involuntary manslaughter — Defined by California Penal Code 192(b) PC as an unlawful killing that takes place. The crime differs from Penal Code 187 PC because the death was unintentional. Common defenses involve self-defense, defense of others, and accidents. Oftentimes, the accused was acting reasonably in responding to a threat by using a reasonable amount of force. Voluntary manslaughter — Penal Code 192(a) PC involves the killing of another person during an argument or in the heat of passion. A crime of this nature committed under spontaneous circumstances is charged similarly to murder, although there was no malicious intent. Those convicted face up to 11 years in state prison. What is the difference between murder and manslaughter? |
Criminal offenses are considered either felonies or misdemeanors. Offenses are classified in the following manner:
| Felony | Misdemeanor |
|---|---|
| Class 1 felony | Class 1 misdemeanor |
| Class 2 felony | Class 2 misdemeanor |
| Class 3 felony | Class 3 misdemeanor |
| Class 4 felony | Class 4 misdemeanor |
| Class 5 felony | |
| Class 6 felony |
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COV 18.2-10. Felonies The authorized punishments for conviction of a felony are:
COV 18.2-11. Misdemeanors The authorized punishments for conviction of a misdemeanor are:
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