This article has been written by Prithviraj Dutta. The following article aims to understand the criminal homicide laws of the U.S.A. in an exhaustive and substantiative manner. For this purpose, firstly, detailed explanations of the various criminal homicide laws, accompanied by relevant provisions and case laws, have been provided. Next, a detailed state-vise analysis of all the criminal homicide laws in all the states of the United States of America has been provided. Lastly, a list of famous and important cases has been provided to help better understand how these criminal homicide laws are applied in relation to diverse situations and circumstances.

Introduction 

When one individual takes up the life of another individual it is known as a homicide. Every homicide that is committed does not fall under the category of murder. There are certain deaths that, when caused by another individual, would fall under the category of manslaughter. There is also the category of killings that can be justified by affirmative defenses like self-defense or insanity.

When an individual, after planning, kills another individual, it is referred to as murder. It is important to understand that while Common Law provides no differentiation between the various categories of murder, modern statutory law does so in accordance with mens rea, i.e., the criminal intent. The exact definition of the various degrees of murder varies from jurisdiction to jurisdiction which has been discussed later in the article in detail. 

When an individual kills another person with less culpability, it falls under the category of manslaughter. The intent to commit the death of the individual might have been absent; however, the actions resulted in the death of the individual. Accidental circumstances are examples of these and the punishment given in such cases is generally less than second-degree murder.

Each of these criminal homicide laws, along with their relevant sections and case laws, has been discussed in this article.

Homicide

The killing of one person by another is defined as Homicide. Homicide does not necessarily have to be criminal. 

The homicide law of the United States of America finds its origins in the English Common law. Sir William Blackstone puts homicide into three categories in his book titled Commentaries on the Law of England. These are –

• Justifiable – These homicides do not fall under the category of being criminal because they do not involve the element of guilt.
• Excusable – Excusable homicides do not fall under the category of being criminal because they involve the element of minimal guilt.
• Felonious – Felonious Homicides are considered to be criminal and are the most heinous offenses of all.

Previously, in accordance with common law, felonious homicide was punishable with a death sentence. With the evolution of the law, illegal killings were divided into two particular categories based on the criminal intent of the defendant:

• Murder – Criminal intent was present in murder and continued to be a capital offense.
• Manslaughter – The element of criminal intent is absent in manslaughter. It was punishable by incarceration.

Modern times are characterized by almost all states defining criminal homicide as well as its essential elements in different statutes that have often been interpreted in various cases. A lot of the jurisdictions continue to follow the philosophy propagated by Blackstone. Criminal Homicide has been defined under Article 210.1 of the Model Penal Code of the U.S.A. Under this Section, a person becomes guilty of criminal homicide if, with a purpose, with the required knowledge, or by a reckless or negligent act, they cause the death of another individual. 

Corpus Delicti in criminal homicide

Corpus Deliciti not only forms an essential part of each and every criminal case, but it also forms an essential component of criminal homicide. Corpus Delicti in criminal cases comprises the death of the victim caused by the defendant illegaly. All criminal cases have to lead to a successful proof of corpus delicti. The investigation in all criminal cases is continued up till the point where the crime has been successfully established without any reasonable doubt. A prosecutor has to establish two particular facts:

• The crime in question had actually been committed.
• The connection of the suspect concerned to the crime in question. 

It is important to note that the confession of a suspect to a crime concerned cannot be used to determine that the crime was committed and the establishment of corpus delicti remains incomplete in such cases. It is necessary that the crimes concerned have to either show the unanimity of the act committed and the intent or the unity of the act coupled with criminal negligence.

There have been cases where the dead body of the person remained undiscovered. In such cases, the establishment of corpus delicti becomes difficult. However, it is not impossible to establish corpus delicti if sufficient circumstantial or direct evidence like blood stains, footage from CCTV cameras, and the testimony of witnesses is provided, in such cases, the prosecution can successfully establish corpus delicti. Defendants can be convicted in such cases even when the body has not been discovered.  

Murder

A murder comprises all the essential components of a criminal act. A murder consists of –

• Criminal act
• Criminal intent
• Causation
• Harm

The detailed explanation of all these elements are given below –

Criminal act

It is observed that in almost all jurisdictions, the criminal act is that element of the murder that leads to the death of the victim. For example, see Section 125.27 of the New York Penal Law. The criminal act could have been carried out by means of a weapon, the use of poison, the hands of the defendant, or vehicles like cars, bikes, etc. It is also essential that the act should have been done voluntarily and cannot be because of a failure to act unless a duty to act has already been created by a statute or common law.

Intent

Criminal intent is that essential element that separates a murder from that of manslaughter. According to Common law, the criminal intent of murder was that of malice afterthought. Today, many states and the federal government retain the element of malice afterthought. For example, in Section 187 of the California Penal Code, murder is defined as the unlawful killing of an individual or a fetus with the element of malice afterthought. In accordance with Article 210.2 of the Model Penal Code, the intent of murder is defined as causing extreme circumstances that could lead to the taking of human life, complemented by a purpose, necessary knowledge, and recklessness. 

There is also an exception to the aspect of criminal intent, which is felony murder. A lot of the states criminalize felony murder that does not need the element of malice afterthought or the mental state that is required by the Modern Penal Code. 

Malice

Malice forms an essential component of criminal homicide. It is essential to understand that malice is different from intent and that it is not hatred towards the person who has been killed. Malice exists when the defendant wants the death of the victim or is indifferent to the fact that the defendant will live or die. Malice is visible in three particular scenarios:

• The defendant has the intention of killing the victim.
• The defendant has the intention of causing serious bodily harm to the victim. 
• The defendant does not care about the fact that the victim will continue to live or die. The defendant is said to have a depraved heart then.

The presence of a specific intent to cause the death of the victim complements that of the Model Penal Code. It would fall under the “purposely” mental state that has been explained under the Modern Penal Code. This is often known as express malice. When a person has an intention to cause serious bodily harm, it corresponds with the “knowing and recklessly” mental states that have been provided under the Modern Penal Code. This is known as implied malice.  Serious bodily harm is technical in nature and is often defined under a state statute or a case law. The Model Penal Code under Article 210.0(3) explains serious bodily injury as something that can lead to permanent disfigurement, protracted loss, or impairment of the function of any body part or organ. 

For example, John wants to kill an individual to see what it would feel like. He runs over an old lady who is crossing the street. In this case, he has the intent to kill and this is known as express malice. 

As another example, John wants to injure his athletic competitor to become the best runner in his school. Now he stabs his competitor in the knee multiple times. One of his stabs ends up injuring the carotid artery of his competitor, which results in his death. This would fall under the intent to cause serious bodily harm, implied malice, or cause extreme circumstances with knowledge or recklessly without the value of human life. 

Afterthought

Under Common law, afterthought means that the defendant had planned or premeditated the killing. This term has lost its significance today and does not modify “malice” in any particular way. 

Inference of intent

In cases where the defendant uses a deadly weapon, it falls under the category of the deadly weapon doctrine. This is because an inference of intent can be made in such cases. Judges may direct the jury to infer that the defendant had an intention of causing the natural and probable consequences of the act that led to death when the deadly weapon had been used. This basically removes the need to prove the criminal intention of murder. 

In the case of Acers v. United States (1986), the Court decided that an instrumentality that could lead to death or serious bodily injury to a person is known as a deadly weapon. According to Article 210.0(4) of the Model Penal Code, a deadly weapon is defined as a firearm, device, material, instrument, or device that has the capability of causing death or serious bodily injury. Deadly weapons have been seen to enhance penalties in many cases.

Harm

The death of a victim leads to the successful establishment of the element of harm. Different jurisdictions have defined death in different ways. Victims are considered legally dead when there is a cessation of the brain (which is irreversible), which also includes the brain stem. This has been stated in the Uniform Determination of Death Act. 

Justifiable and excusable homicides

A justifiable homicide has been defined as a homicide that can be justified when done under particular circumstances. For example, a law enforcement officer shoots a felon who tries to flee to avoid killing or causing serious bodily injury to a person. The particular killing concerned is intentional, has a purpose, and also has malice afterthought in it, but, is not criminal in nature. The law enforcement officer in this particular case would not be convicted of committing murder. The other defenses are the defence of other people, one’s own self-defense, and defense of Habitation.

A homicide that is forgiven and pardoned by society is known as an excusable homicide. For instance, if a legally insane person with the intention, purpose, and malice afterthought commits murder, it would be considered non-criminal, and the person would not be held liable. 

AIDS and Homicide

The transmission of AIDS is a modern topic that has evolved with the state and federal courts. There are several jurisdictions that consider the deliberate transmission of AIDS as murder because the intent to commit it was present. Minnesota is an example of one such state. When the death of a person is caused by the inadvertent transmission of AIDS, it is more likely to fall under the category of manslaughter. Modern courts have begun to apply malice or the intention of murder in such cases.  

First-degree murder

The following essential factors have to be classified for a murder to be classified as first-degree murder-

• Premeditated murder
• Murder by use of specific means
• Felony

The explanations of these factors are given below –

Premeditated murder

The most predominant form of murder that was found in any first-degree murder statute historically was premeditated murder. Wilful, deliberate, pre-mediated killing is a common statutory definition of first-degree pre-mediated murder. The Michigan Penal Code (1931) states this.

The elements of willful, deliberate, and pre-meditated 

There are many jurisdictions that define wilful as that specific intent to kill a particular individual, purposely or by express malice. Different jurisdictions define deliberate and re-meditated in different ways. Only very few jurisdictions have given express malice and purposely an equal status as that of deliberation and pre-meditation. This means that the prosecution only has to prove the specific intention when it comes to a first-degree premeditated murder conviction. An example of this is a case of Florida, Hawthorne v. State, 2007). In scenarios where the defendant has a specific intention to kill the victim concerned and, with purpose and rationality, takes measures that lead to the death of the victim, then the defendant becomes responsible for committing first-degree pre-mediated murder in a lot of jurisdictions. 

In most cases, the act committed proves the fact that the murder committed was willful, premeditated, and deliberate in nature. In cases where the killing has been carried out in a way, that portrays a strong as well as a calculated desire for the victim’s death, the conclusion can be drawn that the murder was premeditated. This has been stated in the case of State v. Schrader (1982).

A lot of jurisdictions have agreed that an extended period of time is not essential for premeditation. This has been stated in the case of Commonwealth v. Carroll (1963). Therefore, a murder could be pre-mediated and first-degree even if the murder has been conceived in a very short time before the actual killing takes place. A lot of jurisdictions do not make it essential for there to be an appreciable time lapse between the formulation of intent and the actual criminal act. This has been stated in the case of State v. Snowden (1957).

For instance, if John and Augustine are having an extremely bad fight in their kitchen room, and John informs Augustine that he wants to get a divorce and will take custody of their three children, Augustine replies that she has to go to the bathroom. She goes to the nightstand and takes a handgun from a drawer in their bedroom. She hides this gun in her robe, goes to the washroom and pulls the flush. After this, she enters the kitchen and shoots John in the abdomen five times and he dies as a result of this. 

In most jurisdictions, Augustine might have been convicted of premeditated murder. Augustine in this scenario in a calm and methodical manner, thus proving deliberation. The excuse that she manufactures by flushing the toilet proves planning. The act of shooting John five times proves the specific intent to kill and a strong as well as calculated desire to bring about John’s death. In this particular case, timing is not an issue. A very short span of time amounting to a few minutes would count as premeditated murder in this particular case. 

Murder by use of specific means

Murder by use of a specific means is a particular method of killing that is extremely heinous in nature. A lot of the states list the specified means in their first-degree murder statutes. Some common instances of murder by the use of specific means are driving, shooing an individual, devices that can cause destruction like a bomb, ammunition that has been made to penetrate bulletproof vests or an ambush killing. This has been stated as well in the California Penal Code (2010). 

First-degree murder ranking

A lot of the states make a clear distinction between first-degree murder and second-degree murder. Few of the states include third degree murder. The Model Penal Code states all murders as felonies of the first degree. 

The highest classification of murder resulting in the most severe punishment that is available in the punishment scheme of a particular jurisdiction is known as first-degree murder. If the jurisdiction concerned permits the death penalty, then only in cases of first-degree murder against an individual can an individual be punished with the death penalty. If the particular jurisdiction does not allow for the death penalty, then, in most cases the defendant could be sentenced to life in prison. 

Capital punishment

The U.S. Supreme Court has stated that criminal homicide is the only crime committed by a person that can result in him getting the death penalty. This has been stated in the case of Kennedy v. Louisiana, (2008). States that permit capital punishment along with one or more aggravating factors is usually an offense punishable by the death penalty. Aggravating factors include the killing of more than one individual, causing death for financial gain, causing death by using particular heinous methods or causing the death of a peace officer. It has to be ensured that the mitigating factors do not outweigh the aggravating factors. Instances of mitigating factors could be the lack of any criminal history of the defendant, the youth of the defendant, and situations where the defendant had to act under severe emotional or mental disturbance.

Felony murder

Felony homicide is defined as a kind of criminal homicide that takes place during the commission of or an attempt to commit a felony. A lot of the states in the United States have felony murder in their penal code. However, felony murder does not find universal adoption. The Model Penal Code also does not consist of felony murder per se. A rebuttable presumption, however, is provided by the Model Penal Code. It is stated that killings that occur during the commission of specific dangerous felonies prove recklessness in scenarios that manifest extreme indifference to humans. This has been stated in Article 210.2(1)(b) of the Model Penal Code.

Intent

A felony murder is different from a murder because, in cases of felony murder, there is an absence of any intent to cause the death of the victim. The intent that is essential for committing a felony that results in the death of the victim forms the criminal intent for felony murder.

Explanation

In scenarios where the defendant commits a felony that is inherently dangerous to the lives of individuals, it is taken to mean that the defendant does so knowing that an innocent person can die as a result of his actions. This awareness is quite similar to implied malice, situations where an individual with knowledge coupled with recklessness manifests extreme difficulties in human life. Convictions in cases of felony murder are difficult when the felony that has been committed is not inherently dangerous to human life. A lot of the jurisdictions limit felonies in the felony murder doctrine to felonies that can lead to foreseeable circumstances for death. All those states that comprise felony murder statutes generally count them as second-degree and third-degree murders. 

For instance, John loses his job and decides to burn his apartment because he is not in a position to pay his rent. For this purpose, John soaks his apartment in liquid fluid, exits from the hallway, throws a towel that has been soaked in lighter fluid in the apartment, flees, and then observes the entire building burn down. Many tenants died because they inhaled the smoke because of the fire that had been caused. In all those jurisdictions that recognize felony murder, John could be charged and convicted for committing murders in all the concerned states. In this particular case, John did not have the intention to kill all the concerned tenants. He, in all probability, possesses the criminal intent to commit arson. Felony murder convictions are apt in such scenarios. It is proved that John exhibited indifferences of the tenants and that would constitute the criminal intention for implied malice or a depraved heart. 

Liability of co-felons for felony murder

It is often seen that two or more defendants take part in the commission of a felony. The participation of a group in the commission of a felony could lead to the commission of more than one crime; for instance, a conspiracy could also lead to the placing of criminal responsibility squarely on the defendant who did not actually commit the criminal act. The general rule that is applicable in most jurisdictions is that if one of the defendants concerned kills a victim while committing or attempting to commit a specific felony, then all the defendants would be responsible for the commission of felony murder. This has been stated in the case of State v. Hoang (1988).

For instance, John and Robin make a plan to rob a bank. John plans to enter the bank, hand over a note to the teller and order him to give him all the money that is present. Robin’s role in the entire felony was to drive the vehicle and help John reach the bank. He then would go outside the door of the bank with the car with its motor running and then take all the money to the bank to their apartment after the money was collected by John. During the operation of this plan, John has a handgun that is hidden in one of his jacket pockets and he then enters the bank. Upon receiving the note from John, the teller gets very afraid and calls for a security guard. John then pulls out his gun. An elderly woman who was standing very close to John suffers a heart attack and passes away at the sight of the gun. In this scenario, both John and Robin could be convicted of the commission of felony murder. The fact that Robin did not directly involve himself in the killing of the elderly woman would not matter. He was only there with the purpose of escaping with the money and neither had the criminal intent to cause the death of the elderly woman. He, however, had the criminal intention to escape with the money that John would rob and this would make him criminally liable for committing the murder of the elderly woman in many jurisdictions.

Exception

There is an exception to the liability of co-felons in a few jurisdictions. If the defendant is not responsible for the commission of a particular act that would result in the death of the victim and he neither possessed the knowledge nor the awareness that the death of the person might take place, then he would not be liable. An example of this is Section 20.10 of the New York Penal Law.

Liability when a person who is not the defendant kills the victim

Usually, if the felony that has been committed is inherently dangerous to human life and the defendant or the defendants deliberately create situations that might likely lead to the death of the victim, and that results in the death of the victim, then in such a scenario all the defendants would be liable for the commission of felony murder. Some jurisdictions make a co-felon liable for committing murder even if they are not the defendant who caused the death of the victim. This has been stated in the case of People v. Hernandez (1993). As stated in the illustration above, if a security guard attempts to shoot John but instead shoots the bank teller, which results in the person’s death, then in such a situation, both John and Robin would be responsible for the death of the bank teller. This is in compliance with the above-stated principle of the felony murder doctrine. 

There are a few jurisdictions that remove liability for the commission of felony murder if the death committed is the death of a co-felon. This has been stated in the case of State v. Canola (2010). As stated in the above illustration, if the security guard ends up killing John, Robin would not have any liability for it. 

Concurrence of felony and death of the victim

The occurrence of the felony and the death of the victim are factors that have to be emphasized and analyzed in every felony murder case. The commission of the felony, followed by the death of the victim, has to be part of the same continuous transaction. Two essential factors have to be determined-

• When the concerned felony began.
• When the commission of the felony ended. 

In scenarios where the death of the victim takes place before or after the commission or an attempt to commit the felony, the defendant may not be found guilty of the commission of felony murder. 

A death that takes place after the end of omission of the felony

It is a general rule that the commission of the felony is considered complete when the defendant reaches a place that is safe. However, it is not a requisite that the safe place has to be the residence of the defendant. It might be just a place for hiding and temporary safety. 

Felony murder ranking

A felony murder can be first-degree, second-degree, or third-degree murder. Some crimes that are listed as felonies in first-degree murder statutes are:

• Murder
• Arson
• Rape
• Kidnapping
• Burglary
• Robbery
• Carjacking
• Forcible sexual felonies

The California Penal Code, (2010) states felonies in the first degree in the above-stated way.

Second-degree murder

Every state that does make a distinction between first-degree and second-degree murder defines a second-degree murder as a murder that is not a first-degree murder. An example of this is Section 750.317  of the Michigan Penal Code. This definition does not include murders that are premeditated or committed by the use of a specified means. Implied malice murder is included.

Depraved heart murder

Some states use the language of the Model Penal Code and define second-degree murder as the execution of a killing under circumstances that are reckless and caused under situations that would prove to be extremely indifferent to the life of a human. The definition involves the concept that has been discussed of murders that were committed with a depraved heart. Mens rea of recklessness is often the factor that gives rise to a second-degree murder rather than having a purpose, knowing intent, or the expression of malice. The distinction between second-degree murder and manslaughter is left in the hands of the judge of the case and is dependent on the degree of recklessness that has been shown. If the conduct of the defendant is of such nature that it causes extreme indifference to the life of a human, then in such cases, the murder would be considered to have been committed with a depraved heart. If the murder committed by the defendant is simply reckless in approach, then in such cases it is simply manslaughter, as explained under Section 210.3  of the Model Penal Code. According to the Model Penal Code Commentaries to Article 210.2, it has been clearly stated that a murder that is less extreme in nature should be treated as manslaughter, and when the trier of the facts finds out that the recklessness that could be fairly associated with the purpose or knowledge would fall under the category of murder. 

For instance, John attends a party with his family members. He consumes eleven beers and then smokes cocaine in his car. He leaves the party and starts driving back home through a busy area of the town. While driving, he gets a text message. He takes his phone and starts to read the text. Because of this distraction, he runs a red light and runs over another car, which results in the death of a child who was in the other car. John then puts his car in reverse and drives away from the scene of the accident. All these facts could result in him committing a second-degree murder with a depraved heart. In this particular case, John did not have the specific intention to kill but he was under the influence of alcohol; he consumed cocaine, and he also read a text message while driving through the busy part of the town. Also, he left the scene of the crime after the death of the child. All these factors add up to increasing the intent of Doug from ordinary recklessness to recklessness. This would indicate extreme indifference to human life. Thus, the judge in this particular case is more likely to find John guilty of murder than manslaughter. 

Second-degree murder ranking

A lot of the jurisdictions grade second-degree murder lower than that of a first-degree murder. The sentencing options are fewer in comparison to first-degree murder. A lot of jurisdictions grade second-degree murder higher than manslaughter because of the presence of more heinous criminal intent.

Manslaughter

Murder and manslaughter are different from each other because of the factor of criminal intent. A killing without the presence of any malice or an intention to commit a murder would fall under the category of manslaughter. Factors like criminal intent, causation, and the elements of harm that are involved in manslaughter are mostly the same. 

Voluntary manslaughter

The two basic classifications of manslaughter are –

• Voluntary manslaughter
• Involuntary manslaughter

Voluntary manslaughter has the same criminal intent as murder. Voluntary manslaughter falls under the category of killing that has been committed to express malice, has a specific intention to kill, or is done purposely. A heat of passion, however, negates the criminal intent in the case of manslaughter. Provocation, which is sufficient from the victim, results in a heat of passion. The Model Penal Code does not make it essential for a sufficient provocation but a provision for reducing a murder to a manslaughter is absent. This has been stated in Article 210.3(1)(b) of the Model Penal Code. 

The element of adequacy holds importance in any analysis of a voluntary manslaughter case. It is seen in many cases that, after being provoked, the defendant kills the victim with the intent to commit murder. However, it is seen that in most cases, it is not sufficient to reduce the crime from murder to that of manslaughter. The provocation that resulted in the heat of passion has to be a good enough reason for the person to commit the killing. This has been stated in the case of People v. Steele (1967). A judge of a particular case decides a reasonable person to have a fictional and reasonable standard. The defendant in every case has to be provoked and that is a subjective standard. This was further stated in the case of People v. Steele. 

Illustration of inadequate provocation

John kills his supervisor, Augustine, with a paperweight of brass after Augustine fires him. John gets provoked as a result of Augustine firing him but under ordinary circumstances, a reasonable man would not be provoked into killing their boss upon getting fired. Reasonable men learn to live peacefully with this kind of decision. Therefore, John is in all probability liable for murder but not for the commission of voluntary manslaughter. 

Illustration of adequate provocation

A classic example of provocation that is sufficient for reducing a crime from murder to manslaughter is when one of the spouses in a marital relationship observes their partner in an act of adultery. This has been stated in the case of Ohio v. Shane (1992). For instance, if John, after coming home from work, catches his wife in an act of adultery with his best friend, and becomes so enraged that he takes his gun out of the drawer in his house and kills her by shooting her. Evidently, here, John had the intention to kill his wife. But in this case, he gets so livid that he goes over, searches for his gun in his drawer, and ends up killing his wife. Here, it can be considered that a reasonable person would have reacted in the same way that John would have. So John would in all likelihood be liable for the commission of voluntary manslaughter, not murder. On the other hand, if he had been informed prior to the commission of adultery by one of his friends and still ended up killing his wife, he would be liable for murder and not voluntary manslaughter.

Other illustrations of adequate provocation

Other situations of sufficient provocation are when the homicide victim combats the defendant and the killing occurs while the combat is taking place. This has been once again stated in the case of Ohio v. Shane. There have been cases it has been stated that words alone are not sufficient to prove an adequate provocation. One such instance of a case is Girouard v. State (1991).  

Concurrence of death and heat of passion

The other essential requirement of voluntary manslaughter is that the death of the person took place during a heat of passion. In such scenarios, defendants portray rage, shock, and fright. In such scenarios, the emotional state nullifies the calm state of mind and proves a deliberate intent for the commission of a murder. Situations comprising heat of passion moments are short in time span. Therefore, it is essential that the time between the moment of heat of passion and the time when the killing of the victim took place do not involve a significant time difference. State v. Cole (2000) emphasized this.

Involuntary manslaughter

Involuntary manslaughter is defined as an illegal killing in which the intent for the commission of a murder is absent. Involuntary manslaughter is distinct from voluntary manslaughter. Involuntary manslaughter can be classified into the following categories:

• Misdemeanor manslaughter
• Reckless or negligent involuntary manslaughter
• Vehicular manslaughter

Misdemeanor manslaughter

Misdemeanor manslaughter (also known as an unlawful act of manslaughter)  is defined as a criminal homicide that takes place during the taking place or the attempt to commit a misdemeanor. The Model Code has rejected misdemeanor manslaughter in its entirety. The recent trend is to follow the Model Penal Code and abolish it in its entirety. A lot of the states that decline misdemeanor manslaughter only comprise of those misdemeanors that are inherently dangerous to the life of a human being and have been stated in criminal statutes. These leave out strict liability misdemeanors or malum prohibition crimes. However, a few jurisdictions include strict liability and malum prohibition crimes in their statutes. In both of these cases, the only requisite is that the defendant has to possess the criminal intent that is essential for the misdemeanor and find him guilty.

For instance, Augustine points a gun toward Sally and threatens her to break up with Augustine’s ex-boyfriend. The following crime would fall under the category of “brandishing a weapon” and would constitute a misdemeanor. On seeing the gun, Sally suffers a heart attack and passes away. In all likelihood, Augustine has committed misdemeanor manslaughter. “Brandishing a weapon” would not fall under a crime that was inherently dangerous to the life of a human. In this particular case, however, Sally suffers a heart attack, which leads to her eventual death. Therefore, Augustine could be made liable for the commission of misdemeanor manslaughter in a lot of jurisdictions. 

Reckless or negligent involuntary manslaughter

Many states and federal governments criminalize and put liability for the commission of reckless or negligent involuntary manslaughter. For example, see Ala. Code (1975). Reckless or negligent involuntary manslaughter is seen much more often than misdemeanor manslaughter. Article 210.3 of the Model Penal Code defines reckless manslaughter as a felony of the second degree and manslaughter. Article 210.4 of the Model Penal Code gives the definition of negligent homicide as a felony of the third degree. 

Reckless involuntary manslaughter is defined as a killing that has been complemented by the criminal element of recklessness. Recklessness is taken to mean that the concerned defendant is aware of the potential risk of death but still goes about with his act. Negligent involuntary manslaughter involves the criminal intent for the commission of negligence. Negligence is taken to mean that the defendant must be aware of the potential risk of death involved but he is unaware of the fact. Many careless and accidental deaths might occur due to the use of firearms and explosives and situations where the parents of a particular child are not in a position to provide for the medical facilities that are required and mandatory for the child. 

Negligent or involuntary manslaughter is very similar to second-degree depraved heart murder. In scenarios where the prosecution charges the defendant with both crimes, the judge of the case determines which of the crimes is apt in accordance with the present circumstances.

For instance, Brendon an off-duty officer, brought his pistol to the local shop to be repaired. Brendon is under the impression and hands it to the employer of the shop with the safety-off. The gun is, however, loaded and fired and the employer dies as a result. Brendon should always, at certain times, keep the safety of his gun on. This is because he is a registered gun owner and is trained in the usage of guns. In this particular scenario, Brendon could be convicted for the commission of involuntary manslaughter in a lot of jurisdictions that recognize negligent involuntary jurisdiction. If Brendon is part of a jurisdiction that only identifies reckless involuntary manslaughter, then in such scenarios, the prosecution would be required to show a higher degree of awareness. This could mean that Brendon needed to have the knowledge that the gun was loaded. 

Vehicular manslaughter

When a vehicle is operated with recklessness and negligence because of which death takes place or the operation of the vehicle because of the person being under the influence of alcohol or drugs results in the death of an individual, then such a scenario would fall under the category of vehicular manslaughter. This has been stated in Section 125.12 of the New York Penal Code. In all states. There are a few states that have specific vehicular manslaughter statutes. An example of this is Section 192(C)(1) of the California Penal Code. In these states that do not have to do so, the concerned defendant could be prosecuted under a particular state’s misdemeanor or unlawful act manslaughter statute. This is if the defendant violates a Vehicular Code Section. Defendants committing vehicular manslaughter could also be prosecuted under a state’s reckless or negligent involuntary manslaughter statute, depending on the situation of a particular case. In cases where the defendant uses a motor vehicle to cause the death of the victim, the intention to kill the victim is present and the appropriate crime in such a case would be murder.

Manslaughter ranking

Cases of voluntary and involuntary manslaughter commonly have more lenient punishment schemes than those of murder because the criminal intention is less heinous. Manslaughter often acts like an imperfect defense against murder that is based on less serious offenses. Voluntary manslaughter under ordinary circumstances is rated higher than involuntary manslaughter. A few states divide manslaughter into specific degrees rather than categorizing it as voluntary or involuntary. First-degree manslaughter is given more severe punishment than second-degree manslaughter. For example, Article 210.3(2) of the Model Penal Code. Negligent homicide is rated as a felony of the third degree as per Article 210.4(2) of the Model Penal Code.

Homicide laws and their status in the states of the United States of America

Alabama

• Capital murder – Capital murder is punishable with a sentence of death or life imprisonment without any possibility of parole.
• Second-degree murder – Second-degree murder is punishable with a sentence of ten to ninety-nine years in prison.
• Manslaughter – Manslaughter is punishable with a sentence of imprisonment between two to twenty years. A fine of thirty thousand dollars might also be imposed on the convicted person.

Alaska

1. The punishment for the commission of a first-degree murder in Alaska is twenty to ninety-nine years. A mandatory term of imprisonment for a period of ninety-nine years is given in such cases where-

• The defendant is proven to have killed a uniformed or clearly identified peace officer. A conviction could also be given in cases where the defendant murders a correctional employee or firefighter. These people have to be in the course of their suits during the commission of the murder.
• The defendant had been convicted previously of having committed a first-degree or a second-degree murder under the jurisdiction of another state that consisted of similar laws related to first-degree and second-degree murder in respect of Alaskan law.
• The defendant was proven to have substantially caused torture for the victim.
• The defendant has been convicted of the commission of murder and he has personally proven to have killed a person who was not a participant while committing robbery.
• The defendant concerned is a peace officer who made use of their position to help him in the commission of the murder.

Further, a person who has been convicted of the commission of first-degree murder could be made to pay a fine of up to $500,000.

2. The punishment for committing manslaughter could be –

• Having to spend at least twenty years in prison.
• A payment of fines of up to $250,000.
• The convicted would have a permanent criminal record.

Arizona 

1. Negligent Homicide – Negligent homicide is punishable with a minimum of a one-year prison sentence and a maximum of 3.75 years. This is when negligent homicide is a class four felony and a first offense. When the second offense is concerned, it can result in prison sentences of up to 7.5 years.
2. Manslaughter – Manslaughter is stated as a class two felony in Arizona. A first-time felony offender would face a prison sentence ranging from seven to twenty-one years in prison, with a presumptive sentence that would be for a period of ten years. In scenarios where offenders have been found guilty of committing a felony previously, they would face longer prison sentences that would range from fourteen to twenty-eight years, with a presumptive sentence of fifteen years and nine months. Any person who has committed a felony could be ordered to pay fines up to $150,000.
3. First-degree murder – First-degree murder is stated as a Class 1 felony conviction that comes with the harshest of penalties. Defendants who are convicted of this offense would face life sentences in prison without any possibility of parole or could be punished with capital punishment or the death penalty. There is no chance of release until the person has spent “day for day” in prison. This is if the murder that had been committed took place before August 2, 2012.
4. Second-degree murder– Second-degree murder offenses are punishable with-

• A sentence with a minimum of ten years in prison.
• A presumptive prison term that would go on for a period of sixteen years.
• A maximum period of twenty-two years in prison.

Arkansas

• First-degree murder – First-degree murder is stated as a Class Y felony. A Class Y felony means that the person concerned could be given a term sentence ranging from ten to forty years. It is the most non-serious capital charge that could be received by an individual in Arkansas.  If the person who committed the murder was younger than the age of eighteen during the time that he committed the murder, in scenarios where he would be imprisoned for life, the individual would become eligible for parole after serving a minimum of twenty-five years in prison.
• Second-degree murder – Second-degree murder in Arkansas is punishable with imprisonment sentences ranging between six and thirty years.
• Capital Murder – Capital murder is punishable with a sentence of death or life imprisonment without any possibility of parole.

California

• First-degree murder – First-degree murder is punishable with an imprisonment sentence ranging from twenty-five years to life imprisonment.
• Second-degree murder –  Second-degree murder is punishable with an imprisonment sentence ranging from fifteen years to life imprisonment.
• Voluntary manslaughter – Voluntary manslaughter is punishable with an imprisonment sentence of up to eleven years in prison.
• Involuntary manslaughter – Involuntary manslaughter is punishable with an imprisonment sentence of up to four years in prison.

Colorado

• Second-degree – Second-degree murder in Colorado can be punished with a prison sentence that ranges from eight to twenty-four years. A sentence of forty-eight years could also be given in exceptional circumstances. A crime of such nature in most cases is followed by a crime of violence that increases the minimum prison sentence to 16 years. 
• First-degree – First-degree murder murder in Colorado is punishable with a life imprisonment sentence. It is also essential to note that there are no chances of parole when the defendant concerned is an officer or first responder.
• Vehicular homicide – People found guilty of the crime of vehicular homicide are given prison sentences ranging between two to fourteen years.
• Manslaughter – People found guilty of the commission of manslaughter are given prison sentences that range from two to six years.
• Criminally negligent homicide – People found guilty of the commission of criminally negligent homicide are given prison sentences that range between one and three years. 

Connecticut

• Criminally negligent homicide – Criminally negligent homicide is a crime that is punishable by a prison sentence that can go on for up to a period of one year.
• Murder – Murder is a crime that is punishable by a prison sentence that can range from a period of twenty-five years to life imprisonment.
• When a murder has taken place under special circumstances, the prison sentence given is for the entire life span of the convicted without any chance of parole.
• Arson murder – Arson murder is a crime where the prison sentence given is for the entire life span of the convicted without any chance of parole.
• Manslaughter in the first degree – Manslaughter in the first degree is a crime that is punishable with a prison sentence that can range from one to twenty-five years.
• Manslaughter in the second degree – Manslaughter in the second degree is a crime that is punishable with a prison sentence that can range from one to ten years.

Delaware

• First-degree murder – First-degree murder falls under the category of a Class A felony. 

1. If the defendant who has been convicted in a particular case is under the age of eighteen, then the concerned offender will be punished with imprisonment that can range from twenty-five years to the entire life of the individual.
2. If the defendant is over the age of eighteen, then first-degree murder is a crime where the prison sentence given is for the entire life span of the convicted without any chance of parole and can also be punished with a death sentence. 

• Second-degree murder – Second-degree murder is a crime that is punishable with a prison sentence that can range from a minimum of fifteen years to life imprisonment.

Florida

• First-degree murder  – First-degree murder is punishable with a life imprisonment sentence without any chances of parole or the death penalty.
• Second-degree murder – Second-degree murder is punishable with a maximum punishment of life imprisonment sentence without any chances of parole. The minimum sentence that can be given in such cases is sixteen and three-quarters years in prison. This is without any opportunity for parole.
• Third-degree murder – Third-degree murder is punishable with a period of ten to fifteen years in prison.

Georgia

• Murder – An offense of murder is punishable with a life imprisonment sentence without any chance of parole, imprisonment for life, or the death penalty.
• Felony Murder – Felony murder, however, holds the same set of penalties but not the death penalty.
• Second-degree murder – Second-degree murder is punishable with a prison sentence ranging from ten to thirty years.
• Voluntary manslaughter – Voluntary manslaughter is punishable with a period of one to twenty years in prison.
• Involuntary manslaughter – involuntary manslaughter is punishable with a maximum of ten years in prison. If involuntary manslaughter is a misdemeanor, then the period of prison imprisonment could be less than one year in specific circumstances.

Hawai

• First-degree murder – First-degree murder—is punishable with a life imprisonment sentence without any chances of parole.
• Second-degree murder – Second-degree murder is punishable with a life imprisonment sentence without any chances of parole.

Idaho

• First-degree murder – First-degree murder is a crime that is punishable with a prison sentence that can range from a minimum of ten years to a sentence of death.
• Second-degree murder – Second-degree murder is a crime that is punishable with a prison sentence that can range from a minimum of ten years to a fixed sentence for life without any opportunity for release.

Illinois

• Second-degree murder – Second-degree murder is a crime that is punishable with a prison sentence that can range between four and twenty years. 
• First-degree murder is a crime that is punishable with a maximum of life imprisonment. 

Indiana

• Murder – An offense of murder is punishable with a prison sentence for a fixed time that ranges from forty-five to sixty-five years. The advisory sentence is fifty years. Additionally, a person cannot be imposed with a fine amounting to more than ten thousand dollars.
• Murder – For a murder that has been committed under aggravating circumstances, the imprisonment is for a period of life or a death sentence. This is when the person is over the age of eighteen years. In scenarios where the murder has been committed by a person over sixteen years of age but below eighteen years of age, it would be punished with a life sentence without any chance of parole. 

Iowa

• First-degree murder – First-degree murder is punishable with a life imprisonment sentence without any chances of parole. In scenarios where the person has not yet attained the age of eighteen, they can be eligible for parole after spending at least twenty-five years in prison.
• Second-degree murder – Second-degree murder is punishable with an imprisonment sentence of up to fifty years.

Kansas

• First-degree murder – First-degree murder is punishable with a life imprisonment sentence. They can seek parole after serving an imprisonment sentence after completing a period of twenty-five years.
• Second-degree murder (intentional) – Second-degree murder (intentional) is punishable with an imprisonment sentence ranging from twelve and a half to fifty-four years.
• Second-degree murder (unintentional) – Second-degree murder (unintentional) is punishable with an imprisonment sentence ranging from nine and a half to forty-one years.
• Capital Punishment – Capital punishment is punishable with a life imprisonment sentence without any chances of parole or death penalty, or life imprisonment with parole after a period of twenty-five years. This is an option if the convicted person is a juvenile.

Kentucky

• Murder – A person who commits the offense of murder can be punished with the death penalty. The commission of a murder in Kentucky falls under the category of a capital offense. Other punishments for capital offenses comprise life imprisonment without any chance for parole, life imprisonment for up to twenty-five years in prison, or a period of imprisonment that ranges from twenty to fifty years.
• First-degree manslaughter – A person who commits the offense of first-degree manslaughter is punishable with an imprisonment sentence ranging from ten to twenty years in prison.
• Second-degree manslaughter – A person who commits the offense of second-degree manslaughter is punishable with an imprisonment sentence ranging from five to ten years in prison.
• Reckless Homicide – A person who commits the offense of reckless homicide can be punished with an imprisonment sentence ranging from one to five years in prison and a minimum fine of $1,000 and a maximum fine of $10,000 can be imposed on the convicted individual.

Louisiana

• Negligent Homicide –  A person who commits the offense of negligent homicide is punishable with an imprisonment sentence of five years with or without hard labor. Fines up to $5,000 can be imposed. Probation as well as license suspension form part of the penalties as well.
• First-Degree Murder – First-degree murder is punishable with a life imprisonment sentence without any chance of parole or the death penalty. 
• Second-degree murder – Second-degree murder is punishable with a life imprisonment sentence without any chance of parole. 
• Manslaughter –  A person who commits the offense of manslaughter can be punished with an imprisonment sentence of a maximum of forty years. In scenarios where the victim concerned was under ten years of age, the offender will be punished with a minimum of ten years in prison and a maximum of forty years.

Maine

• Murder –  A person who commits the offense of murder can be punished with an imprisonment sentence ranging from twenty-five years to life imprisonment.
• Felony Murder – A person who commits the offense of felony murder can be punished with an imprisonment sentence of a maximum of thirty years and a fine of a maximum of fifty thousand dollars.
• Manslaughter –  A person who commits the offense of manslaughter can be punished with an imprisonment sentence of a maximum of thirty years and a fine of a maximum of fifty thousand dollars if it is a ‘Class A’ crime.  A person who commits the offense of manslaughter can also be punished with an imprisonment sentence of a maximum of five years and a fine of a maximum of five thousand dollars if it is a ‘Class C’ crime. 

Maryland

• First-degree murder – First-degree murder is punishable with a life imprisonment sentence without any chance of parole or life prison.
• Second-degree murder – A person who commits the offense of second-degree murder can be punished with an imprisonment sentence of a maximum of thirty years in prison.
• Voluntary manslaughter – A person who commits the offense of voluntary manslaughter is punishable by up to ten years in prison. 
• Involuntary manslaughter – A person who commits the offense of involuntary manslaughter is punishable with a prison sentence of up to five years and a fine of up to five thousand dollars.

Massachusets

• First-degree murder – First-degree murder is punishable with a life imprisonment sentence without any chance of parole or life in prison.
• Second-degree murder – Second-degree murder is punishable with a life imprisonment sentence with a chance of parole after a time span of fifteen years in prison
• Voluntary manslaughter – A person who commits the offense of voluntary manslaughter can be punished with an imprisonment sentence of up to twenty years in prison.
• Involuntary manslaughter – A person who commits the offense of involuntary manslaughter can be punished with an imprisonment sentence of up to twenty years in prison.

Michigan

• First-degree murder – First-degree murder is punishable with a life imprisonment sentence without any chance of parole
• Second-degree murder – Second-degree murder is punishable with imprisonment sentences that vary from case to case with a chance of parole.

Minnesota

• First-degree murder – First-degree murder is punishable with a life imprisonment sentence.  
• Second-degree murder – Second-degree murder is punishable with an imprisonment sentence that can be up to a maximum period of forty years.
• Third-degree murder – Third-degree murder is punishable with an imprisonment sentence that can be up to a maximum period of twenty-five years. A fine of $40,000 might be imposed.
• Voluntary manslaughter – Voluntary manslaughter is punishable with a life imprisonment sentence that can be up to a maximum period of fifteen years and fines up to $30,000 can be imposed.
• Involuntary manslaughter – Involuntary manslaughter is punishable with a life imprisonment sentence that can be up to a maximum period of ten years and fines up to $20,000 can be imposed.

Mississippi

• Murder – Murder in Mississippi falls under the category of a felony and is punishable with a life imprisonment sentence. 
• Capital Punishment – Capital punishment falls under the category of felony and can be punished with the death penalty or life imprisonment without the chance of parole.
• Manslaughter – A person who has committed manslaughter will be punished for up to a maximum of one year in a county jail. Manslaughter is punishable with a period of two to twenty years in the penitentiary. A fine of at least $500 can be imposed.

Missouri

• First-degree murder – First-degree murder is punishable with a life imprisonment sentence without any chance of parole or the death penalty.
• Second-degree murder – Second-degree murder is punishable with life imprisonment sentence without any chance of parole or a prison sentence that ranges from ten to thirty years in prison.

Montana

• Negligent homicide – A person who has been convicted of the commission of negligent homicide shall have to serve a prison sentence of up to twenty years and a fine of up to $50,000 or both.
• Deliberate homicide – First-degree murder is punishable with the death penalty.  First-degree murder is punishable with life imprisonment if the concerned defendant was under eighteen years old when he committed the offense. The sentence of imprisonment could also vary between a period of ten and a hundred years.
• Mitigated deliberate homicide – A person guilty of the commission of this offense shall be punished with an imprisonment term ranging from two to forty years.

Nebraska

• First-degree murder – First-degree murder is punishable with the death penalty and life imprisonment without any chance of parole.
• Second-degree murder – Second-degree murder is punishable with an imprisonment term ranging from twenty years to life imprisonment.
• Manslaughter – Manslaughter is punishable with an imprisonment term of a maximum of twenty years.

Nevada

• First-degree murder – First-degree murder is punishable with the death penalty and life imprisonment with or without any chance of parole. Imprisonment sentences could also be up to a period of twenty years, with an opportunity for parole after twenty years.
• Second-degree murder – Second-degree murder is punishable with an imprisonment term ranging from twenty-five years to life imprisonment.

New Hampshire

• Capital murder – Capital murder is punishable with life imprisonment without any chance of parole.
• First-degree murder – First-degree murder is punishable with life imprisonment without any chance of parole.
• Second-degree murder – Second-degree murder is punishable with an imprisonment term ranging from twenty to forty years.
• Manslaughter – Manslaughter is punishable with an imprisonment term ranging from fifteen to thirty years.
• Negligent homicide – Negligent homicide punishable with an imprisonment term ranging from three and a half to seven years.

New Jersey

• Murder – Murder is punishable with an imprisonment term ranging from fifteen years to life imprisonment.
• First-degree murder  – First-degree murder is punishable with an imprisonment term ranging from thirty years to life imprisonment. If the murder has been committed under serious circumstances, it can lead to life imprisonment without any opportunity of parole.
• Second-degree murder – Second-degree murder is punishable with an imprisonment term ranging from fifteen years to life imprisonment.

New Mexico

• Involuntary manslaughter – Involuntary manslaughter is punishable up to a period of eighteen months in prison and a fine of $5,000.
• Voluntary manslaughter – Voluntary manslaughter is punishable by up to a period of six years in prison and a fine of $5,000.
• First-degree murder – First-degree murder is punishable with life imprisonment without any chance of parole.
• Second-degree murder – Second-degree murder is punishable with an imprisonment term of up to fifteen years and a fine of up to $12,500

New York

• First-degree murder – First-degree murder is punishable with life imprisonment without any chance of parole. The minimum period of imprisonment would range from fifteen to forty years.
• Second-degree murder – Second-degree murder  is punishable with a period of imprisonment ranging from fifteen to twenty-five years to life imprisonment

• First-degree manslaughter – First-degree manslaughter is punishable with a prison sentence of a maximum of twenty-five years.
• Second-degree manslaughter – Second-degree manslaughter is punishable with a prison sentence of a maximum of fifteen years.

North Carolina

• First-degree murder – First-degree murder is punishable with the death penalty or life imprisonment without any chance of parole. 
• Second-degree murder – Second-degree murder is punishable with an imprisonment term for life.
• Felony murder – Felony murder is punishable with the death penalty or life imprisonment without any chance of parole.
• Voluntary manslaughter – Voluntary manslaughter is punishable with a minimum sentence of fifty-one months in prison.
• Involuntary manslaughter – Involuntary manslaughter is punishable with a minimum sentence of thirteen to sixteen months in prison. 

North Dakota

• Murder – Murder is punishable with life imprisonment without any chance of parole.
• Manslaughter – Manslaughter is punishable with an imprisonment term ranging up to ten years with fines up to $10,000.
• Negligent homicide – Negligent homicide falls under the category of a Class C offense.

Ohio

• Aggravated murder – Aggravated murder is punishable with the death penalty and life imprisonment, with or without any chance of parole
• Murder – Murder is punishable with an imprisonment term that differs from case to case with an opportunity for getting parole.
• Involuntary manslaughter – Involuntary manslaughter is punishable with a minimum sentence of three to a maximum of ten years. 
• Voluntary manslaughter – Voluntary manslaughter is punishable with a minimum sentence of three to a maximum of ten years. A fine amounting to $20,000 can be imposed.

Oklahoma

• First-degree murder – First-degree murder is punishable with the death penalty or life imprisonment without any chance of parole. An individual might be eligible for parole in certain cases after having served at least eighty-five percent of their sentence of imprisonment.
• Second-degree murder –  Second-degree murder is punishable with an imprisonment term ranging from ten years to life imprisonment.
• First-degree manslaughter – First-degree manslaughter is punishable with an imprisonment term ranging from four years to life imprisonment.
• Second-degree manslaughter –  Second-degree manslaughter is punishable with an imprisonment term ranging between two to four years.
• Negligent homicide – Negligent homicide is punishable with an imprisonment term of up to one year. A sine that amounts to up to $1,000 can also be imposed.

Oregon

• First-degree murder –  First-degree murder is punishable with life imprisonment without any chance of parole. 
• Second-degree murder – Second-degree murder is punishable with life imprisonment.

Pennsylvania

• First-degree murder – First-degree murder is punishable with the death penalty or life imprisonment without any chance of parole.
• Second-degree murder – Second-degree murder is punishable with life imprisonment.
• Third-degree murder – Third-degree murder is punishable with a period of up to forty years in prison.
• Voluntary manslaughter – Voluntary manslaughter is punishable with a maximum of twenty years of incarceration.
• Involuntary manslaughter – Involuntary manslaughter is punishable with a maximum of five years of incarceration.

Rhode Island

• First-degree murder – First-degree murder is punishable with life imprisonment without any chance of parole. 
• Second-degree murder – Second-degree murder is punishable with an imprisonment term for life. An individual could become eligible for parole after having served for fifteen years in prison.

South Carolina

• First-degree murder –  First-degree murder is punishable with the death penalty or life imprisonment without any chance of parole (parole can be given in specific cases after the individual has served a period of at least thirty years in prison).
• Manslaughter – Manslaughter is punishable with a maximum of thirty years without any opportunity for parole.
• Involuntary manslaughter –  Involuntary manslaughter is punishable with a maximum sentence of five years.

South Dakota

• First-degree murder – First-degree murder is punishable with the death penalty or life imprisonment. A fine of $50,000 could also be imposed.
• Second-degree murder – Second-degree murder is punishable with life imprisonment. A fine of $50,000 could also be imposed.
• First-degree manslaughter – First-degree manslaughter punishable with a maximum of life imprisonment. A fine of $50,000 could also be imposed.

Tennesse

• First-degree murder – First-degree murder is punishable with the death penalty or life imprisonment without any chance of parole
• Second-degree murder – Second-degree murder is punishable with an imprisonment sentence that could range anywhere from fifteen to sixty years.
• Voluntary manslaughter – Voluntary manslaughter is punishable with a sentence ranging from two to twelve years in prison.
• Involuntary manslaughter –  Involuntary manslaughter is punishable with a sentence ranging up to six years in prison

Texas 

• Murder – Murder is punishable with an imprisonment sentence that could range anywhere between five to ninety-nine years.
• Capital murder – Capital murder is punishable with the death penalty or life imprisonment without any chance of parole.

Utah

• Aggravated murder – Aggravated murder is punishable with the death penalty or life imprisonment without any chance of parole or a life imprisonment sentence that could range from twenty-five years to life in prison.
• Murder – Murder is punishable with a sentence of life imprisonment. A fine of ten thousand dollars could also be imposed.
• Manslaughter – Manslaughter is punishable with a prison sentence of a maximum of fifteen years or a fine, which might amount to ten thousand dollars or both.
• Negligent homicide – Negligent homicide is punishable with a prison sentence of one year or a fine, which might amount to two thousand five hundred dollars or both.

Vermont

• First-degree murder – First-degree murder is punishable with life imprisonment and a minimum imprisonment sentence of thirty-five years.
• Second-degree murder – Second-degree murder is punishable with life imprisonment and a minimum imprisonment sentence of twenty years.
• Manslaughter – Manslaughter is punishable with a prison sentence ranging between a minimum of one year and a maximum of fifteen years or a fine that might amount to ten thousand dollars or both.
• Aggravated murder – Aggravated murder is punishable with life imprisonment.

Virginia

• First-degree murder – First-degree murder is punishable with an imprisonment sentence that could range anywhere between twenty years and life imprisonment.
• Second-degree murder – Second-degree murder is punishable with an imprisonment sentence that could range anywhere between five to forty years.
• Capital murder – Capital murder is punishable with life imprisonment without any chance of parole 
• Manslaughter – Manslaughter is punishable with a prison sentence ranging between a minimum of one year and a maximum of ten years.

Washington

• First-degree murder – First-degree murder is punishable with a sentence of life imprisonment without any chance of parole. A fine also gets imposed.
• Second-degree murder – Second-degree murder is punishable with a maximum sentence of life imprisonment without any chance of parole. A fine also gets imposed.
• Manslaughter in the first degree – Manslaughter in the first degree is punishable with a maximum sentence of life imprisonment and a fine of a maximum amount of fifty thousand dollars.
• Manslaughter in the second degree – Manslaughter in the second degree is punishable with a maximum sentence of ten years and a maximum fine of twenty thousand dollars.

West Virginia

• First-degree murder – First-degree murder is punishable with a sentence of life imprisonment without any chance of parole.
• Second-degree murder – Second-degree murder is punishable with a maximum sentence of forty years in prison.

Wisconsin

• First-degree murder – First-degree murder is punishable with a sentence of life imprisonment
• Second-degree intentional homicide – Second-degree intentional homicide is punishable with a maximum sentence of sixty years in prison.

Wyoming

• First-degree murder – First-degree murder is punishable with the death penalty or life imprisonment with or without any chance of parole
• Second-degree murder – Second-degree murder is punishable with an imprisonment sentence that could range anywhere from twenty years to life.
• Manslaughter – Manslaughter is punishable with an imprisonment sentence of a maximum of twenty years in prison.

Important case laws related to criminal homicide

The People of the State of California v. Orenthal James Simpson (1994)

Facts

In the case of The People of the State of California v. Orenthal James Simpson (1994), on June 13, 1994, a man found a blood-stained dog in a state of agitation. He found the dog on Bundy  Drive in West Los Angeles, which was an affluent suburb of the city. The dog guided the man to ‘Eight-Seventy Five South Bundy’, which was at one point in time the residence of highly decorated, famous ex-American footballer O.J. Simpson and Nicole Brown Simpson.

The dead bodies of two Caucasian adults were found. One of these bodies that had been discovered was that of a male and the other was that of a female. The female who had been killed was the former wife of O.J. Simpson, and the male body was that of Ronald Goldman, who was twenty-five years old. He was a waiter and Simpson’s wife, Nicole, had spent the evening at this particular restaurant and after her return, she had been killed. Both individuals in this particular case had been stabbed and their bodies had been left outside the Westside condominium. This attack was a brutal attack and took place while the children of the Simpsons’ were upstairs sleeping.

Simpson, in this particular case, was accused of double homicide. On June 17, 1994, O.J. Simpson faced charges for two counts of first-degree murder. This was a capital offense under Californian law. The trial that was to begin was the longest ongoing trial in the state of California. This trial is also famously known as “The Trial of the Century,” since this was the most publicized trial ever in the history of criminal law.  Simpson was subject to a low-speed chase for pursuit when he did not turn himself as agreed when he tried to escape in his Ford Bronco.

Arguments 

The prosecution in this case presented overwhelming evidence against Simpson. A 911 call was presented before the court, where Simpson’s wife Nicole was heard screaming that “he” would beat her terribly and therefore she did not want to stay on the call. This evidence provided that O.J. Simpson had a history of abuse and violence. It is important to note that in 1989, Simpson had not contested a case of spousal battery. This incident involved him kicking and beating his former wife.

Additionally, the prosecution also presented Ron Gouldman’s shirt, which had hairs that matched those of O.J. Simpson. Blood and fibre evidence was found which was exactly the same type as that of Simpson. There was also the discovery of blood stains on a knit cap that was identical to the material found in Simpson’s car Ford Bronco.

The defense team for the majority of the trial would blame the Los Angeles Police Department and the process by which they had handled the DNA evidence. A criminalist of the  Los Angeles Police Department who had played a major role in the crime since was not able to confirm if he had replaced gloves when he was testing different samples of DNA.

The defense presented a strong piece of evidence against the prosecution by questioning the lead detective in the case, Detective Furman. He was the one who had discovered the glove, which was a crucial piece of evidence in the case for the prosecution. When he was being cross-examined, Detective Furman was asked if he had ever used the “N-word”. He denied having used this word for at least a period of ten years. After this, the defense played a tape that proved that Detective Furman had used this word on multiple occasions. This proved to be a fatal blow for the prosecution, as his credibility as a witness was questioned and the defense accused him of having planted the glove. A perjury conviction also came as a result of this.

Issue

1. Was O.J. Simpson guilty of the killings of his former wife Nicole Brown Simpson and Ronald Goldman?

Judgment

The Los Angeles County Superior Court acquitted O.J. Simpson of the murder. He was absolved of all liability for having killed Nicole Brown Simpson and Ronald Goldman. After the finishing of the trial, the father of Goldman filed a civil suit against O.J. Simpson. The jury unanimously found that O.J. Simpson was guilty of the commission of the killings of his former wife Nicole Brown Simpson and Ronald Goldman. The family of Goldman was supposed to get thirty-three million in punitive damages but only received a very small amount of it. 

People v. Spector (2011)

Facts

In the case of People v. Spector (2011), on 3rd February, the defendant Philip Spector went to the House of Blues accompanied by Kathy Sulivan. Before this, Spector was attending a dinner date with Rommie Davis and had visited two different bars. Because of this, he was already in a highly intoxicated state. Upon arriving at the House of Blues, Spector and Kathy attempted to get into the Fountain Room for which a special membership was a requisite. Actress Lana Clarkson who was in the process of training to be a security officer of the fountain room of the bar that was an area of the VIP, stopped both Spector and Sulivan from entering the Fountain room. At her refusal, Clarkson was informed that Philip Spector was a music producer and was also a multimillionaire. Sophia Holuguin was the one who gave this information to Clarkson and she was asked to let him in because of the grant of a big tip to Sophia on a previous occasion. 

Inside the club, Spector showed his clear annoyance when Sulivan just ordered water while he had ordered an expensive rum. After this, Sullivan wanted to go home and Spector obliged. 

Following this, Clarkson accepted the invite of Spector to make a visit to his home. Their driver Adriano De Souza, had taken them to Spector’s residence. According to him, after a time span of two hours, Philip Spector came out of his house with a revolver in hand and told the driver that he had ended up killing someone. The police during the process of investigation discovered the body of Clarkson in a chair of Specor’s residence.  Near one of her legs, a revolver was found. On investigation, it was seen that she was shot once in the head as well as the back and the bullet had made an entrance through her mouth. The only two people in the house at the time when Clarkson was shot were her and Spector. Spector made the claim that Clarkson had shot herself with the gun and had committed suicide.

Arguments

The prosecution in this particular case provided corroborated evidence. This evidence was provided in the form of crime scene forensics as well as other crime evidence. His previous encounters with women in earlier situations and history of violence towards women were used for this purpose. 

The defense tried to prove that Spector had not been in a mental state to fire the gun and cause the killing of Clarkson. They attempted to prove that it was Clarkson in actuality who had shot herself.

Issue

1. If Philip Spector was responsible for the commission of implied malice by killing Clarkson during the time that she was assaulting Clarkson with the gun, or if Clarkson committed suicide, or if she had accidentally ended up killing herself with the gun.

Judgment

Philip Spector was convicted in this particular case for having committed the murder of Lana Clarkson by the California Court of Appeals. The court stated that the previous encounters of the prior assaults of Spector against armed women were proof of the fact that the death of the victim that had taken place was neither that of an accident nor a suicide. The court convicted Philip Spector of second-degree murder. He was given a sentence of nineteen years to life imprisonment. He passed away onon 16 January 2021. 

The People of the State of California v. Conrad Robert Murray (2010)

Facts

The People of the State of California v. Conrad Robert Murray (2010), in March 2009, after a long time away from the spotlight of the public, Michael Jackson made the announcement that he would be performing a series of comeback shows in London. These shoes would start in the month of July. Conrad Robert Murray was a cardiologist who was hired by Michael Jackson for a monthly salary of $150,000. He would have the job of being the personal physician of Jackson during the time that he would have rehearsals for his upcoming shows. On June 25, at his residence at Holmby Hills, Jackson was found in a state of unconsciousness in his bed. Murray had made all efforts to revive him from this state of unconsciousness. The legendary Michael Jackson was declared dead that afternoon at nearby Ronald Regan UCLA Medical Center.

The Los Angeles County Coroner’s Office declared that the death of Michael Jackson was a homicide after fatal levels of the very powerful sedative propofol along with other drugs were found in his system. In February of 2010, Robert Murray had been given sedatives to Jackson almost every single night for a period of two months before his death. Conrad Robert Murray was charged with involuntary manslaughter. He pleaded not guilty.

Arguments

The trial began in September 2011. The prosecution showed Conrad Robert Murray as a person who was not competent and was a greedy opportunist. They argued that Murray was reckless in giving propofol to Jackson in an unmonitored setting because usually this drug can only be administered in a hospital. He also did not keep any medical records which was among a lot of other medical errors that was responsible for the commission of. The prosecutors also stated that Murray relented when one of the world’s most popular men Michael Jackson would always beg him for the drug propofol for falling asleep. Therefore, Murray was considered to have set aside sound medical judgment. Not only this, the prosecution also accused Murray of calling 911 in a belated state after finding out that Jackson was in an unconscious state and had stopped breathing. 

The defense for Robert Murray on the other hand gave the argument that Michael Jackson was suffering from insomnia. They argued that he self-administered the fatal drug of propofol.

Issue

1. If Conrad Robert Murray was guilty of the offense of involuntary manslaughter?

Judgment

The Los Angeles County Jury after deliberations for a period of less than two days arrived at a verdict. The Los Angeles County Superior Court sentenced the fifty-eight years Conrad Robert Murray to four years of imprisonment. This was the maximum sentence that could be given for an offense of imprisonment.

Murray was later released on parole on October 28, 2013.

Muhammed v. Kelly (2008) 

Facts

In the case of Muhammed v. Kelly (2008), the police brought charges against John Muhammed and his accomplice, Lee Boyd Malvo, who was seventeen years of age. The police charged them with having killed ten people and causing wounds to three others while they were on an ongoing killing spree for a period of three weeks. 

The first “Beltway sniper” attacks had taken place on the second of October 2002. The death of five people had taken place after they were shot at long range. The shootings continued for a fifteen-hour span in Montogomery County, Maryland. These sniper shootings continued for a time span of over the next three weeks at places like gas stations and parking lots within the Beltway area of Washington D.C. and also on Virginia’s Interstate 95. The residents living in these areas were extremely frightened due to the random nature of the shootings. These shootings were not in any way in relation to matters like racial, social, and economic lines. The individual would stay in a crouched position behind their cars during the filling of gas. The recess periods of schools were no longer held outside and all sports teams stopped their outside activities. Both the killers left behind clues at the scene of the crimes. These comprised tarot cards and notes. Not only this, they even made calls to the police hotline with the intention of attempting to engage them in dialogue.

The attacks were finally halted when the police successfully arrested John Muhammed and his accomplice, Lee Boyd Malvo, at a rest area that was present on a Maryland highway. Their dark blue car Chevrolet Caprice had a hole in the trunk by means of which the shooters could fire without being noticed. It is interesting to note that Muhammed had played an impactful role in the first Gulf War, and had served in the U.S. Army. Muhammed was honorably discharged from service in 1994.

Arguments

The prosecution in this case produced witnesses in excess of one-thirty individuals and an excess of four hundred pieces of evidence. The prosecution’s case here was mostly circumstantial. This was because of the reason that they were no individuals who had actually seen the two men

Issues

1. If John Muhammad was guilty of conspiracy for the commission of murder of Dean Myeres? 
2.  If  John Muhammad had caused murder with the intention to cause terror for the government or among the public?
3. If  John Muhammad was guilty of conspiracy to commit murder?
4. If  John Muhammad had made illegal use of a firearm?

Judgment

On, March 9 2004, John Muhammed was given the death penalty by the United States District Court, E.D. Virginia, Alexandria Division. His execution was completed on November 10 2009. His accomplice, Lee Boyd Malvo was subject to a separate trial. He was sentenced to imprisonment for a period of life without any opportunity for getting parole.

The State of California v. Scott Lee Peterson (2005)

Facts

In the case of The State of California v. Scott Lee Peterson, (2005)  , Scott Peterson had made the initial claim that his wife Laci had disappeared after she left the house to walk their dog. He claimed that he had gone on a fishing trip close by to San Fransico Bay. After a time span of about one month, Amber Frey who was a massage therapist from California informed the police that she had been in an affair with Pearson. After this Scott Peterson’s reputation of being a devoted husband to his beautiful and pregnant wife was completely shattered. During the process of investigation, while the police were on the lookout for Laci and clues, Scott Peterson sold Laci’s sports-utility vehicle. This led to suspicions that Pearson was trying to get rid of evidence.

The dead bodies of Lucy as well as her baby were discovered on a shore near the marina where Scott Pearson had placed his boat on two consecutive days i.e. April 13 and 14.

Within a time span of one week of this discovery, Peterson faced the charge of committing two counts of first-degree murder. The special case of double homicide was also present and this gave the prosecutors the right to demand for a death penalty. The police arrested Scott Peterson with a lot of money and the passport of his brother which made it evident that he was trying to flee from the police.

Arguments

Scott Peterson sought the services of the well-known celebrity attorney Mark Geragos. His trial commenced on June 1, 2004. Over the next nineteen weeks, the prosecutors of the case presented one-seventy-four individuals as witnesses and evidence numbering hundreds to prove that Scott Peterson was a heartless and cold-blooded murderer who was still cheating on his late wife when he was coming on the news and talking about her disappearance.  They also put special emphasis on the fact that Peterson had begun to refer to himself as a widower even before the body of Lacy had been found. The prosecution’s case was however weakened by the fact that there had been the absence of any eye-witness on the crime scene and no weapon had been found. 

The defence lawyer Mark Geragos tried to convince the jury that it was some other individual who had killed Lacy during the time that she had gone to walk off with her dog. Following this, that individual tried to frame Scott Peterson after seeing his alibi on news channels. During the trial proceedings, Scott Peterson did not take the stand.

Issue

1. If Scott Peterson was guilty of two counts of first-degree murder of his wife Lacy and their baby?

Judgment

Following a period of seven days of deliberation that even involved the changing of two jurors, Scott Peterson was found to be guilty of committing first-degree murder of his wife, Lacy and for committing second-degree murder of his child who was still unborn. There were cheers from Laci’s friends in the audience and celebration as a response to the unhinged attitude of Scott Peterson even when the verdict had been passed.

Scott Peterson was given the death penalty on March 16, 2005, by means of a lethal injection. However, his death sentence was overturned by the California Supreme Court in the case of People v. Peterson, (2020) while upholding his conviction.

NC V. Carruth, (2000)

Facts of the case

The case of NC v. Carruth (2000) deals with the trial of a famous former member of the Carolina Panthers Football Team, Rae Lamar Wiggins(aka. Ray Carruth). Carruth was signed by the Carolina Panther Team for an amount of almost three and three-quarter million dollars. On 15 November 1999, the defendant Rae Lamar Wiggins and his girlfriend, Cherica Adams who was eight months pregnant completed watching a movie at the Charlotte theatre. Both of them left together and went to the house of the defendant with the purpose of retrieving the car of the victim. Wiggins had called Michael Kennedy and informed him that they were about to leave. Wiggin’s wife followed him in her vehicle towards her home. The defendant stopped his vehicle in front of her car when they were at Red Road which was a two-lane residential road. Thus, the victim was not in a position to drive her car around that of Wiggins. Kennedy went ahead and drove his vehicle before the car of the victim. Van Brett Watkins who was in Kennedy’s car shot five times into the car of the victim. As a result of this, the victim was wounded four times. She faced severe damage to her neck as well as her back. Following this, Wiggins and Kennedy’s vehicle fled from the crime scene.

At 12:31 AM the victim, Cherica Adams made a call to 911 after pulling into a residential driveway and kept on blowing the horn of her car. She was on call for over twelve minutes after which an ambulance arrived. During the ongoing call, the victim had explained the process in which the shooting had taken place. She also provided information to the the dispatcher as well as the emergency medical technician that the defendant, Wiggins, who was her boyfriend as well as the father of her baby was following her.

The victim later identified Wiggins as the driver of the vehicle that she had described in her call in detail. The police officer Peter Grant was given a detailed explanation and the chronology in which all the events had taken place. An emergency surgery was commenced and the baby was delivered from the victim successfully. Following this, the victim was taken to a trauma intensive care unit where she handwrote notes that described how the shootings had taken place. When asked if Wiggins had a proper reason to stop on the road due to a red light being present, she replied in the negative. She died on 14th December 1999, due to the result of the damage that she had gone through. The son was able to survive.

The defendant, Rae Lamar Wiggins also known popularly as Ray Caruth was arrested on 25 November and faced charges of committing the conspiracy to commit murder. Van Brett Watkins was arrested as well. He had an already long record of criminal offenses and was considered to be a career criminal. 

A $3 million bond played an important role in the release of Ray Carruth. He was released on December 6. He fled and was arrested once again the following day by FBI agents when they found him trying to hide in the trunk of a car in the parking lot of a motel in Tennessee. He was then held in jail till his trial ended It was also proved through tests that Carruth was in reality the father of the child of Adams.

Arguments 

Ray Carruth had assigned Davis Rudolph a criminal defense lawyer who had a solid reputation and had represented many clients successfully in high-profile cases as his lawyer for the case. Christopher Fialko acted as his partner in this case. The prosecution on the other hand was led by Mecklebergy County’s assistant district attorney, Gentry Caudill. He was a veteran prosecutor and this would be his last ever case before he became a judge. Watkins accepted a plea bargain. He was convicted of second-degree murder and other charges after accepting confessing that he had shot Cherica Adams. He also was ready to testify against Carruth and the other defendants. During the ongoing of pretrial motions, Rudolph was not successful in excluding the evidence of the tape of the 911 Call that had taken place between the law enforcement officials and Cherica Adams, her handwritten notes, and the testimony that was related to the flight of Carruth to Tennesse. 

During the trial, the prosecution played the tape of the call that had taken place between the law enforcement officials and Cherica Adams. There were also witnesses who gave testimony where they stated that Adams had identified Carruth to the dispatcher, to the police at the scene of the crime, and then to a nurse at the hospital. The prosecution also stated that Carruth had recruited both Kennedy and Watkins to kill Cherica Adams because he was unwilling to pay support for her child, in addition to child support of three thousand dollars every month. It was also stated that this was because of the fact that he was already fathering another child. 

The defense in response to this stated that the motive for the commission of the crime was not proper as Carruth had been earning $ 650,000 dollars every year since the time when the crime had been committed. They went on to state that the crime had taken place because Carruth had not agreed to finance a drug deal. 

The prosecution presented Michael Kennedy who testified to having that he had rented the car from which the shooting had commenced and was given a hundred dollars by Rey to buy a gun. He testified that Carruth was not willing to pay child support and therefore wanted to proceed with the shooting. A former girlfriend of Carruth also testified to the fact that Carruth had actually confessed to her of having played his part in the shootings. They also presented another of his former girlfriends who testified to having an abortion after Carruth had threatened her. The prosecution also presented Michelle Wright who was the mother of the son of Crruth and she too testified of being threatened with death by Carruth.

The defense on the other hand tried to make Watkins admit that the shootings and illing took place because of Carrith’s unwillingness to finance a drug deal. Watkins did not accept this and stated that he had been hired by Ray Carruth, firstly with the plan of beating her up so she would lose the baby. However, later this plan was changed into killing her.

Issue

1. Was Rae Lamar Wiggins (a.k.a Ray Carruth) responsible for the first-degree murder of his eight-month pregnant girlfriend Cherica Adams?

Judgment

NFL star, Rae Lamar Wiggins (a.k.a Ray Carruth) was found not guilty of the commission of his eight-month pregnant girlfriend Cherica Adams by the North Carolina jury. Ray Carruth was however found guilty of the commission of several other crimes. He was found guilty of conspiracy to commit murder and was sentenced to a prison sentence of not less than eighteen years, eleven months, and a maximum of twenty-four years, four months. Watkins was sentenced to a prison sentence of a minimum of forty years and five months and a maximum of fifty years and eight months in prison. Micheal Kennedy after confessing was convicted for committing second-degree murder and was given a minimum sentence of eleven years and eight months in prison. 

FL v. Casey Anthony, (2011)

Facts 

The FL v. Casey Anthony (2011) case is considered to be one of the most high-profile criminal trials of recent times. On 16 June 2008, Casey Anthony along with her two-year-old child Caylee went away from their home with the purpose of working in Campa. After a month of this happening, George and Cindy who were the parents of Casey, got a notice that the car that Casey had left a month ago was in their parking lot. When they picked up the car, they noticed that a very unpleasant smell was coming from the car. Casey told her parents that her daughter Caylee had been abducted by the nanny Zenaida Fernandez-Gonzalez. The missing child was reported to the police by Cindy.

Casey was arrested on July 16, 2008. She was charged with the neglect of children, having lied to investigators, and causing interference with a criminal inquiry. She was charged with aggravated manslaughter and providing false information to the law enforcement agencies which amounted to four counts. The body of the girl was found less than half a mile from the home of Anthony in December 2008. The death of Caylee was deemed to be a murder. The prosecutors had opted for the death penalty to which Casey had pleaded not guilty. She was indicted with seven charges in total.

Arguments

The trial of Casey Anthony commenced on May 24 2011 and was broadcasted live on multiple television channels. The prosecution presented more than four hundred pieces of evidence during the proceedings. A lock of Caylee’s hair was discovered in the car trunk of Casey. Air samples of the trunk were also provided that contained chemical compounds that proved body decomposition. Casey had also borrowed a shovel which was proved through neighbour Anthony’s testimony. An entry in Casey, personal diary where she had written that she does not regret anything was also provided by the prosecution.

The defense on the other hand placed their arguments by stating that Caylee had drowned in the pool of the parental plot. George Anthony who was the father of Casey was also blamed by the defense. They tried to prove that he had discovered the body of Cayley from the pool and then tried to hide the body in a nearby forest belt. The defense stated that Casey did not report the crime to the police for an extended period of time because she was in a depressed state. 

The prosecution also stated that Caey was found partying just days after the disappearance of her daughter. She also lied to the police as well as her family about the whereabouts of her daughter. They also tried to prove that she was a drug-using, neglectful mother. The defense stated that Casey had a history of lying. They stated that this was not proof of guilt. 

Issues

Was Casey Anthony guilty of the seven charges that had been brought against her? These included –

1. Causing the first-degree murder of her child Caylee.
2. Aggravated child abuse.
3. Aggravated manslaughter of a child.
4. Providing false information to law enforcement agencies regarding the place where she worked.
5. The babysitter of Caylee
6. The people whom she had told about the disappearance of Caylee.
7. Her having claimed to have spoken to Caylee during the thirty-one day-period.

Judgment

The jury in this case found Casey Anthony not guilty of three of the seven charges that had been brought against her by the Orange County Courthouse, Florida. These included – first-degree murder, aggravated child abuse, and aggravated manslaughter of a child. She was found guilty of the other four crimes which were – providing false information to law enforcement agencies regarding the place where she worked, the babysitter of Caylee, the people whom she had told about the disappearance of Caylee, her having claimed to have spoken to Caylee during the thirty-one day period. She was sentenced to a period of four years in prison as well as a fine amounting to four thousand dollars.

Conclusion

We can clearly understand from this article how the homicide laws in the U.S.A. are implemented in the various states and how the meanings, definitions, and degrees of homicide laws like first-degree, and second-degree murders, etc. vary from state to state. The punishments and sentences given in different states also vary greatly and it is essential to understand that the punishment that an individual gets for a certain kind of homicide, for example, murder, could be completely different from what an individual would get in another state for the commission of the same offense. Finally, the case laws also help us understand how the various homicide laws have been applied to different cases and situations and thereby provide a holistic understanding of the criminal homicide laws of the U.S.A.

Frequently Asked Questions (FAQs) 

Can a person be charged with the offense of committing murder even if they are defending themselves?

Yes, a person can be charged with the offense of committing murder even if they are defending themselves. A person can be charged with the commission of the offense of murder even if they are defending themselves. However, this does not essentially mean that they are guilty of the commission of murder. Self-defence falls under the category of an affirmative defense, and if proved, the charge person is acquitted and all liability is removed.

Can a person get probation when they are faced with homicide charges?

The answer to this question depends on the type of charge that the individual is faced with and varies from state to state and from crime to crime. In many situations, the previous criminal history of the concerned individual also plays an essential role when it comes to the matter of probation charges.

Can a person clean up their criminal record?

There are many situations and circumstances under which an individual can clean up their criminal record. The most important factor in such cases is that either the charges that the person had been accused of had been dropped or they had received a withholding of adjudication upon going to court. A convicted felon might also be eligible for the reinstatement of civil rights.

References

• https://www.justia.com/criminal/offenses/homicide/
• https://uscode.house.gov/view.xhtml?path=/prelim@title18/part1/chapter51&edition=prelim#:~:text=Whoever%20is%20guilty%20of%20murder,of%20years%20or%20for%20life.
• https://uollb.com/blog/law/law-of-murder-in-united-states
• https://www.nytimes.com/topic/person/john-allen-muhammad
• https://www.theguardian.com/world/2014/jan/16/michael-jackson-doctor-conviction-upheld