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For other uses, see Manslaughter (disambiguation). | | The examples and perspective in this article may not represent a worldwide view of the subject.
Please improve this article or discuss the issue on the talk page. | | This article needs additional citations for verification.
Please help improve this article by adding reliable references. Unsourced material may be challenged and removed. (July 2007) | | Homicide | | Murder | | Assassination
Child murder
Consensual homicide
Contract killing
Felony murder
Honor killing
Human sacrifice
Lust murder
Lynching
Mass murder
Murder-suicide
Negligent homicide
Proxy murder
Ritual murder
Serial killer
Spree killer
Torture murder
Vehicular homicide
Manslaughter may refer to: For a discussion of the law in other countries, see Manslaughter. ...
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The term criminal law, sometimes called penal law, refers to any of various bodies of rules in different jurisdictions whose common characteristic is the potential for unique and often severe impositions as punishment for failure to comply. ...
This article concerns the common-law legal system, as contrasted with the civil law legal system; for other meanings of the term, within the field of law, see common law (disambiguation). ...
The actus reus — sometimes called the external element of a crime — is the Latin term for the guilty act which, when proved beyond a reasonable doubt in combination with the mens rea, i. ...
Causation is the bringing about of a result, and in law it is an element in various tests for legal liability. ...
For other uses, see concurrency. ...
The mens rea is the Latin term for guilty mind used in the criminal law. ...
In the criminal law, intention is one of the three general classes of mens rea necessary to constitute a conventional as opposed to strict liability crime. ...
In the criminal law, recklessness (sometimes also termed willful blindness which may have a different meaning in the United States) is one of the three possible classes of mental state constituting mens rea (the Latin for guilty mind). To commit an offence of ordinary as opposed to strict liability, the...
Criminal negligence, in the realm of criminal common law, is a legal term of art for a state of mind which is careless, inattentive, neglectful, willfully blind, or reckless; it is the mens rea part of a crime which, if occurring simultaneously with the actus reus, gives rise to criminal...
Ignorantia juris non excusat or Ignorantia legis neminem excusat (Latin for ignorance of the law does not excuse) is a public policy holding that a person who is unaware of a law may not escape liability for violating that law merely because he or she was unaware of its content...
In criminal law, strict liability is liability where mens rea (Latin for guilty mind) does not have to be proved in relation to one or more elements comprising the actus reus (Latin for guilty act) although intention, recklessness or knowledge may be required in relation to other elements of the...
In the criminal law, corporate liability determines the extent to which a corporation as a fictitious person can be liable for the acts and omissions of the natural persons it employs. ...
The legal principle of vicarious liability applies to hold one person liable for the actions of another when engaged in some form of joint or collective activity. ...
In criminal law, an offence against the person usually refers to a crime which is committed by direct physical harm or force being applied to another person. ...
This article does not cite any references or sources. ...
Sex crimes are forms of human sexual behavior that are crimes. ...
This article or section does not cite its references or sources. ...
Property damage is damage or destruction done to public or private property, caused either by a person who is not its owner or by natural phenomena. ...
The Skyline Parkway Motel in Afton, Virginia after an arson fire on July 9, 2004. ...
A young waif steals a pair of boots “Stealing†redirects here. ...
In English law, the main deception offences are defined in the Theft Act 1968 (TA68), the Theft Act 1978 and the Theft (Amendment) Act 1996. ...
Modern Obstruction of Justice, in a common law state, refers to the crime of offering interference of any sort to the work of police, investigators, regulatory agencies, prosecutors, or other (usually government) officials. ...
Bribery is a crime implying a sum or gift given alters the behaviour of the person in ways not consistent with the duties of that person. ...
Perjury is the act of lying or making verifiably false statements on a material matter under oath or affirmation in a court of law or in any of various sworn statements in writing. ...
Malfeasance in office, or official misconduct, is the commission of an unlawful act, done in an official capacity, which affects the performance of official duties. ...
An inchoate offence is the crime of preparing for or seeking to commit another crime. ...
The crime of attempt occurs when a person does an act amounting to more than mere preparation for a criminal offense, with specific intent to commit a crime, if that act tends but fails to effect the commission of the offense intended. ...
In the criminal law, a conspiracy is an agreement between natural persons to break the law at some time in the future, and, in some cases, with at least one overt act in furtherance of that agreement. ...
An accessory is a person who assists in or conceals a crime, but does not actually participate in the commission of the crime. ...
Automatism is a disassociative state where the individual suffering from it has no control over their actions. ...
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Mistake of law and mistake of fact are two types of defense by excuse, via which a defendant may argue that they should not be held criminally liable for breaking the law or liable for damages under a civil law action. ...
In criminal trials, the insanity defenses are possible defenses by excuse, by which defendants argue that they should not be held criminally liable for breaking the law, as they were legally insane at the time of the commission of alleged crimes. ...
In criminal law, diminished responsibility (or diminished capacity) is a potential defense by excuse by which defendants argue that although they broke the law, they should not be held criminally liable for doing so, as their mental functions were diminished or impaired. ...
For English law on the criminal defence, see duress in English law. ...
This article is about the law definition of necessity. ...
For the country-specific law, see provocation in English law. ...
This article and defense of property deal with the legal concept of excused (sometimes termed justified) acts that might otherwise be illegal. ...
A contract is any promise or set of promises made by one party to another for the breach of which the law provides a remedy. ...
In the common law, a tort is a civil wrong for which the law provides a remedy. ...
This article or section does not cite any references or sources. ...
In the common law, a will or testament is a document by which a person (the testator) regulates the rights of others over his property or family after death. ...
The law of trusts and estates is generally considered the body of law which governs the management of personal affairs and the disposition of property of an individual in anticipation and the event of such persons incapacity or death, also known as the law of successions in civil law. ...
The law of evidence governs the use of testimony (e. ...
Homicide (Latin homicidium, homo human being + caedere to cut, kill) refers to the act of killing another human being. ...
Assassin and Assassins redirect here. ...
Note: for practices of systematically killing very young children, see infanticide. ...
Consensual homicide refers to a killing in which the victim wants to die. ...
In most countries with judicial systems, a contract to kill a person is unenforceable by law (in the sense that the customer cannot sue for specific performance and the contract killer cannot sue for his pay). ...
The felony murder rule is a legal doctrine according to which anyone who commits, or is found to be involved in, a serious crime (a felony), during which any person dies, is guilty of murder. ...
Honour killings are often perpetrated in Muslim-majority areas, especially in countries of the Middle East. ...
This article does not cite any references or sources. ...
A lust murder is a homicide in which the offender searches for erotic satisfaction by taking away the victims life. ...
Lynching is a form of violence, usually execution, conceived of by its perpetrators as extrajudicial punishment for offenders or as a terrorist method of enforcing social domination. ...
Mass murder (massacre) is the act of murdering a large number of people, typically at the same time, or over a relatively short period of time. ...
A murder suicide is an act in which an individual kills one or more other persons immediately before, or while killing himself. ...
Negligent homicide is a charge brought against persons, who by inaction, allow others under their care to die. ...
This article does not cite any references or sources. ...
Ritual murder is murder performed in a ritualistic fashion or on a basis of rituals. ...
Serial killers are individuals who have a history of multiple slayings of victims who were usually unknown to them beforehand. ...
A spree killer, also known as a rampage killer, is someone who embarks on a murderous assault on his victims in a short time in multiple locations. ...
Torture murder is a loosely defined legal term to describe the process used by murderers who kill their victims by slowly torturing them. ...
In most states in the United States, vehicular homicide is a crime. ...
| | Manslaughter | | In English law For a discussion of the law in other countries, see manslaughter In the English law of homicide, manslaughter is a less serious offence than murder with the the law differentiating between levels of fault based on the mens rea (Latin for a guilty mind). Manslaughter may be either: Voluntary where...
| | Non-criminal homicide | | Justifiable homicide
Capital punishment The concept of justifiable homicide in criminal law stands on the dividing line between an excuse and an exculpation. ...
Capital punishment, or the death penalty, is the execution of a convicted criminal by the state as punishment for crimes known as capital crimes or capital offences. ...
| | Other types of homicide | | Democide
Familicide
Femicide
Feticide
Filicide
Fratricide
Gendercide
Genocide
Infanticide
Mariticide
Matricide
Parricide
Patricide
Prolicide
Sororicide
Suicide
Regicide
Tyrannicide
Uxoricide
Viricide
Vivicide
Democide is a term coined by political scientist R. J. Rummel for the murder of any person or people by a government, including genocide, politicide, and mass murder. Rummel created the term as an extended concept to include forms of government murder that are not covered by the legal definition...
A familicide is a type of murder or murder-suicide in which at least one spouse and one or more children are killed. ...
To meet Wikipedias quality standards, this article or section may require cleanup. ...
Abortion, in its most common usage, refers to the voluntary or induced termination of pregnancy, generally through the use of surgical procedures or drugs. ...
Filicide is the deliberate act of a parent killing his or her own son or daughter. ...
Fratricide (from the Latin word frater, meaning: brother and cide meaning to kill) is the act of a person killing his or her brother. ...
To meet Wikipedias quality standards, this article or section may require cleanup. ...
For other uses, see Genocide (disambiguation). ...
In sociology and biology, infanticide is the practice of intentionally causing the death of an infant of a given species, by members of the same species - often by the mother. ...
Mariticide (not to be confused with matricide); from the Latin maritus (married) & cidium (killing), literally means the murder of ones married partner, but has become most associated with the murder of a husband by his wife. ...
Matricide is the act of killing ones mother. ...
It has been suggested that this article or section be merged with Patricide. ...
Patricide is (i) the act of killing ones father, or (ii) a person who kills his or her father. ...
Prolicide is the act of killing offspring, either before or soon after birth. ...
This article is about a kind of homicide. ...
For other uses, see Suicide (disambiguation). ...
For other uses, see Regicide (disambiguation). ...
Tyrannicide literally means the killing of a tyrant. ...
Uxoricide (from Latin uxor meaning wife) is murder of ones wife. ...
To meet Wikipedias quality standards, this article or section may require cleanup. ...
This article does not cite any references or sources. ...
| | This box: view • talk • edit | Manslaughter is the legal term for the killing of a human in a manner considered by law as less culpable than murder.
The law generally differentiates between levels of criminal culpability based on the mens rea, or state of mind. This is particularly true within the law of homicide, where murder requires either the intent to kill, a state of mind called malice or malice aforethought, which may involve an unintentional killing but with a willful disregard for life. The mens rea is the Latin term for guilty mind used in the criminal law. ...
Homicide (Latin homicidium, homo human being + caedere to cut, kill) refers to the act of killing another human being. ...
Intent in law is the planning and desire to perform an act. ...
Malice is a legal term referring to a partys intention to do injury to another party. ...
Malice Aforethought is a 1931 murder mystery novel written by Anthony Berkeley Cox, using the name Francis Iles. ...
Manslaughter is usually broken down into two distinct categories: voluntary manslaughter and involuntary manslaughter.
Voluntary manslaughter
Voluntary manslaughter describes cases where the defendant may have an intent to cause death or serious injury, but the potential liability for the person is mitigated by the circumstances and state of mind. The most common example is the so-called heat of passion killing, such as where the defendant is provoked into a loss of control by unexpectedly finding a spouse in the arms of a lover or witnessing an attack against his or her child. It has been suggested that this article or section be merged into manslaughter. ...
In the criminal law, intention is one of the three general classes of mens rea necessary to constitute a conventional as opposed to strict liability crime. ...
For the country-specific law, see provocation in English law. ...
There have been three types of voluntary manslaughter recognized in law, although they are so closely related and in many cases indistinguishable that many jurisdictions do not differentiate between them.
- Provocation. This is a killing caused by an event or situation which would probably cause a reasonable person to lose self-control and kill.
- Heat of Passion. In this situation, the actions of another cause the defendant to act in the heat of the moment and without reflection. This falls under the provocation heading.
A third type, is allowed in some but not all states. This is called "Imperfect Self-Defense". By default, self defense is a complete defense to any charge of murder. However, if a person acted in the honest but unreasonable belief that self defense justified the killing, many states will define this deliberate homicide committed without criminal malice, a manslaughter. The word "malice" is used in the definition of murder where the act is both an intentional killing and there is no legal excuse or mitigation. The honest belief in the need for self defense mitigates the crime so that one acts intentionally but without the legal "malice". Therefore, Imperfect Self-Defense an intentional killing which is unlawful but does not rise to the level of being a murder. - Diminished Responsibility is another defence to murder that will negate the charge down. Most states require an almost complete mental breakdown to eliminate the culpable mental state of "malice". If a jurisdiction recognizes that a person can kill with justification but also without any evil intent, that jurisdiction is free to define the crime as something less than murder. Not all states do this, in many, a mental defect or even mental illness will not reduce the seriousness of the offense whatsoever. However, if a state legislature chooses, a diminished mental state may justify the finding of a lesser crime.
Insanity is a different defense as it completely negates any criminal culpability although the mental health consequence can result in as much confinement time as a murder conviction.
Involuntary manslaughter Involuntary manslaughter, sometimes called criminally negligent homicide in the United States, Gross negligence manslaughter in the UK or culpable homicide in Scotland, occurs where there is no intention to kill or cause serious injury but death is due to recklessness or criminal negligence. In the criminal law, criminal negligence is one of the three general classes of mens rea (Latin for guilty mind) element required to constitute a conventional as opposed to strict liability offence. ...
Manufacturers are reponsible for adequately warning consumers of possibly dangerous products. ...
This article is about homicide, the killing of a human being. ...
This article is about the country. ...
In the criminal law, recklessness (sometimes also termed willful blindness which may have a different meaning in the United States) is one of the three possible classes of mental state constituting mens rea (the Latin for guilty mind). To commit an offence of ordinary as opposed to strict liability, the...
Criminal negligence, in the realm of criminal common law, is a legal term of art for a state of mind which is careless, inattentive, neglectful, willfully blind, or reckless; it is the mens rea part of a crime which, if occurring simultaneously with the actus reus, gives rise to criminal...
Criminal negligence Negligence consists of conduct by an individual which is not reasonable — that is, the individual did not act with the care and caution of a reasonable person in similar circumstances. This "reasonable person" is an abstraction, reflecting the standard of conduct which society wishes to impose. Violation of this standard may lead to civil liability for the consequences of the negligent behavior.
Negligence rises to the level of criminal negligence where the conduct reaches a higher degree of carelessness or inattention, perhaps to the point of indifference.
Recklessness Recklessness or willful blindness is defined as a wanton disregard for the known dangers of a particular situation. An example of this would be a defendant throwing a brick off a bridge into vehicular traffic below. There exists no intent to kill, consequently a resulting death may not be considered murder. However, the conduct is probably reckless, sometimes used interchangeably with criminally negligent, which may subject the principal to prosecution for involuntary manslaughter: the individual was aware of the risk of injury to others and willfully disregarded it. In the criminal law, recklessness (sometimes also termed willful blindness which may have a different meaning in the United States) is one of the three possible classes of mental state constituting mens rea (the Latin for guilty mind). To commit an offence of ordinary as opposed to strict liability, the...
Willful blindess is a term used in law to describe a situation in which an individual seeks to avoid civil or criminal liability for a wrongful act by intentionally putting himself in a position where he will be unaware of facts which would render him liable. ...
In many jurisdictions, such as in California, if the unintentional conduct amounts to such gross negligence as to amount to a willful or depraved indifference to human life, the mens rea may be considered to constitute malice. In such a case, the charged offense may be murder, often characterized as second degree murder.
In some jurisdictions, such as Victoria, British Columbia, recklessness is sufficient mens rea to justify a conviction for murder.
Vehicular or intoxication manslaughter Vehicular manslaughter is a kind of misdemeanor manslaughter, which holds persons liable for any death that occurs because of criminal negligence or a violation of traffic safety laws. A common use of the vehicular manslaughter laws involves prosecution for a death caused by driving under the influence (determined by excessive blood alcohol content levels set by individual states), although an independent infraction or negligence is usually also required. For other uses, see Under the influence. ...
In some U.S. states, such as Texas, Intoxication Manslaughter is a distinctly defined offense. A person commits intoxication manslaughter if he or she operates a motor vehicle in a public place, operates an aircraft, a watercraft, or an amusement ride, or assembles a mobile amusement ride; and is intoxicated and by reason of that intoxication causes the death of another by accident or mistake.[1] Official language(s) No official language See languages of Texas Capital Austin Largest city Houston Largest metro area Dallas–Fort Worth–Arlington Area Ranked 2nd - Total 261,797 sq mi (678,051 km²) - Width 773 miles (1,244 km) - Length 790 miles (1,270 km) - % water 2. ...
This article or section should include material from drunkenness Intoxication is an impaired mental and physical state caused by ingesting alcoholic beverages or other psychoactive drugs. ...
Intoxication manslaughter, vehicular manslaughter and other similar offenses require a lesser mens rea than other manslaughter offenses. Furthermore, the fact that the defendant is entitled to use the alcohol, controlled substance, drug, dangerous drug, or other substance is not a defense.[2] For example, in Texas, to prove intoxication manslaugher it is not necessary to prove the person was negligent in causing the death of another, nor that they unlawfully used the substance that intoxicated them, but only that they were intoxicated and operated a motor vehicle and someone died as a result. The mens rea is the Latin term for guilty mind used in the criminal law. ...
Misdemeanor manslaughter In the United States, this is a lesser version of felony murder and covers a person who causes the death of another while committing a misdemeanor — that is, a violation of law that does not rise to the level of a felony. This may automatically lead to a conviction for the homicide if the misdemeanor involved a law designed to protect human life. Many violations of safety laws are infractions, meaning that a person can be convicted regardless of mens rea. The felony murder rule is a legal doctrine according to which anyone who commits, or is found to be involved in, a serious crime (a felony), during which any person dies, is guilty of murder. ...
A misdemeanor, or misdemeanour, in many common law legal systems, is a lesser criminal act. ...
For the similarly spelled medical term referring to a blocked artery, see infarction. ...
References - ^ Tex. Penal Code § 49.08.
- ^ TEX. PEN. CODE ANN. § 49.10; see also Nelson v. State, 149 S.W.3d 206, 211 (Tex. App.-Fort Worth 2004, no pet.).
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