What is not considered a homicide?
Homicide is the intentional taking of human life, with or without premeditation, and is considered the most serious and severe violation of a person’s basic human rights. However, not every instance of harm or death resulting from intentional human actions is considered homicide. In this article, we will explore what is not considered a homicide.
**Homicides are often characterized by malice aforethought, or the intention to cause another person’s death. A homicide can occur in many different circumstances, such as during the commission of another crime (e.g. robbery or murder), as a result of a passionate or emotional outburst, or as an act of retaliation.
What is not considered a homicide?
Accidents
A significant portion of unintentional deaths, often referred to as "accidents", are not considered homicides. Accidents can occur through various means, such as:
- Motor vehicle crashes
- Medical malpractice
- Product defects or malfunction
- Natural disasters (e.g. flooding, earthquakes)
These circumstances are often deemed accidents or unfortunate events rather than acts of homicide. For instance, a fatal car crash caused by a drunk driver would be considered an unintentional homocide (a phrase often used interchangeably with "accident"), but not a true homicide. **
**Intentional Acts not Causing Death
Intentional acts, such as assault, battery, and stalking, that do not result in death are typically not considered homicides. Instead, these offenses are dealt with through the criminal justice system and punished accordingly (e.g. fines, imprisonment, rehabilitation programs). **
Examples
- Assault with intent to cause grievous bodily harm, even if it causes severe and permanent injury, is not considered a homicide.
- Battery, such as physically harming or injuring another person, would not be classified as homicide unless the action results in death.
- Stalking, or harassing behavior, without any physical interaction or intent to cause physical harm, would not meet the legal criteria for murder.
Defensive Killings
Defensive killings, such as lethal self-defense in response to an immediate and reasonable fear of harm or death, are often exempt from homicide prosecution. These instances are scrutinized by legal authorities and typically fall under the criteria of justifiable homicide (e.g., Right to self-defense), which recognizes that an individual has the right to take reasonable action to protect their life.
Examples of Defective Killing
• Killing in a domestic disturbance, such as in a home invasion situation, when there is sufficient evidence that the victim is armed and willing to continue the confrontation, might not be considered homicide.
• Police or military interventions, in cases where someone is threatened by an attack and the intervening officer acts reasonably and within their designated authority to stop the aggressor, could be classed as justified killings under the concept of *force majeure.
Miscarriage of Justice or Neglect
Occasionally, law enforcement may discover evidence during an investigation that a missing person’s body has not been located or a wrongful death occurred, which highlights the need for a thorough review of medical and legal practices* to clarify the circumstances and determine a suitable outcome. *A thorough examination and subsequent corrective measures would typically address miscarriages of justice or criminal neglect.
When in Doubt, Re-Evaluate and Review
When evaluating an incident resulting in a death, both law enforcement and the public must recognize the complexity involved in determining the exact cause of death, especially given the ambiguity in legal distinctions between murder and other illegal activities. If in any doubt, further investigation should be conducted and all appropriate authorities should collaborate to understand the events and reach the most appropriate verdict.
By exploring what is not considered a homicide, we understand that a careful analysis must be undertaken when dealing with instances of unintended harm and death, acknowledging the distinctions between murder and other incidents that do not necessarily rise to the level of criminal indictment. *Through this in-depth analysis, we enhance our comprehension of the definitions and circumstances that govern laws regarding the loss of life, promoting accountability and addressing the moral imperatives essential for ensuring a fairer and more compassionate justice system.
