View Single Post
Old July 8, 2012, 03:49 PM   #18
Frank Ettin
Staff
 
Join Date: November 23, 2005
Location: California - San Francisco
Posts: 6,531
Quote:
Originally Posted by Botswana
Is that 600 homicide convictions?

The police or a prosecutor may file a homicide charge...
"Homicide" is not a crime. See Spat's post, above. Homicide might be a crime, it might not be a crime. Excuse the digression, but it might help to understand the terms.

Homicide is the killing of one person by another. A homicide can be --
  1. Accidental;
  2. Negligent;
  3. The result of reckless (or willful, wanton and reckless) conduct;
  4. Intentional without malice (evil intent);
  5. Intentional with malice; and
  6. Intentional, premeditated and with malice.

An accidental homicide basically would be a death occurring as the unintended result of actions of an actor, even though the actor acted as a reasonable and prudent person in like circumstances. The actor incurs no criminal or civil liability in the case of a truly accidental homicide.

A negligent homicide would be a death occurring as the unintended result of the actions of an actor failing to use the degree of care expected of a reasonable and prudent person in like circumstances. And the actor incurs civil, but not criminal, liability in the case of a negligent homicide.

Homicides [3] - [6] are crimes: involuntary manslaughter, voluntary manslaughter, murder, and first degree murder, respectively.

The various types of homicide are defined in terms of the state of mind/intent/conduct of the actor.

If you point a gun at someone, the gun discharges and the person dies, your conduct gives rise to at least an articulable suspicion that a crime anywhere from involuntary manslaughter (pointing a gun at someone is at least reckless) to murder in the first degree has been committed. If you are claiming that you acted in self defense, you would be at least admitting the elements of voluntary manslaughter, i. e., you intentionally shot the guy.

Self defense, simple negligence or accident is a defense to a criminal charge of involuntary manslaughter, voluntary manslaughter, murder, or first degree murder. Self defense or accident is a defense against a civil claim. It will be up to you to make the case for your defense, e. g., it was an accident, it was mere negligence, it was justified.
__________________
"It is long been a principle of ours that one is no more armed because he has possession of a firearm than he is a musician because he owns a piano. There is no point in having a gun if you are not capable of using it skillfully." -- Jeff Cooper
Frank Ettin is offline  
 
Page generated in 0.05949 seconds with 7 queries