Is homicide a Federal crime?

Is Homicide a Federal Crime?

Homicide is a serious crime that involves the killing of one human being by another. In the United States, homicide is typically prosecuted as a state crime, but there are certain circumstances in which it can be charged as a federal crime. In this article, we will explore the different ways in which homicide can be prosecuted as a federal crime.

Direct Answer:

No, Homicide is Not Automatically a Federal Crime

In most cases, homicide is prosecuted as a state crime and falls under the jurisdiction of state law enforcement and the criminal justice system. However, there are certain circumstances in which homicide can be charged as a federal crime, and this is typically done under specific federal laws and regulations.

Federal Laws that Cover Homicide

There are several federal laws that cover homicide, including:

• 18 U.S.C. § 1111 – Murder:

  • This law defines murder as the "unlawful killing of a human being with malice aforethought."
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  • It is punishable by death or life imprisonment.

• 18 U.S.C. § 1112 – Manslaughter:

  • This law defines manslaughter as the "unlawful killing of a human being without malice aforethought."
  • It is punishable by imprisonment for up to 15 years.

• 18 U.S.C. § 2241 – Violent Crimes Against Children:

  • This law makes it a federal crime to kill a child under the age of 18, including in the course of a violent crime such as rape or sexual abuse.
  • It is punishable by death or life imprisonment.

Circumstances in Which Homicide is Charged as a Federal Crime

There are several circumstances in which homicide is charged as a federal crime, including:

• Crossing State Lines:

  • If a homicide occurs across state lines, it can be charged as a federal crime.
  • For example, if someone is killed in one state while being transported across state lines, the crime can be charged as a federal offense.

• Federal Employees or Property:

  • If a homicide occurs on federal property or involves a federal employee, it can be charged as a federal crime.
  • For example, if someone is killed on a federal military base or in a federal prison, the crime can be charged as a federal offense.

• Violent Crimes Against Vulnerable Populations:

  • If a homicide occurs as part of a violent crime against a vulnerable population, such as a hate crime or a crime against a child, it can be charged as a federal crime.
  • For example, if someone is killed in a hate crime motivated by race, religion, or sexual orientation, the crime can be charged as a federal offense.

Examples of Homicide Charged as a Federal Crime

There have been several high-profile cases in which homicide has been charged as a federal crime. Some examples include:

• The Oklahoma City Bombing:

  • In 1995, Timothy McVeigh and Terry Nichols were charged with murder and other federal crimes for their roles in the bombing of the Alfred P. Murrah Federal Building in Oklahoma City, which killed 168 people.

• The 9/11 Attacks:

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  • In 2001, a group of terrorists attacked the World Trade Center in New York City and the Pentagon in Washington, D.C., killing nearly 3,000 people.
  • The attacks were charged as federal crimes, and many of the perpetrators were killed or captured in the subsequent military campaign.

• The Murder of Dr. George Tiller:

  • In 2009, Dr. George Tiller, a doctor who performed late-term abortions, was murdered at his church in Wichita, Kansas.
  • The killer, Scott Roeder, was charged with murder and other federal crimes, including violating the Freedom of Access to Clinic Entrances (FACE) Act, which makes it a federal crime to interfere with access to reproductive health services.

Conclusion

In conclusion, while homicide is typically prosecuted as a state crime, there are certain circumstances in which it can be charged as a federal crime. This can include cases in which the crime involves crossing state lines, federal employees or property, or violent crimes against vulnerable populations. It is important for individuals and law enforcement agencies to be aware of these circumstances and to take appropriate action in cases where homicide is suspected.

Table: Federal Laws that Cover Homicide

Bullets List: Circumstances in Which Homicide is Charged as a Federal Crime

• Crossing state lines
• Federal employees or property
• Violent crimes against vulnerable populations (e.g. hate crimes, crimes against children)

References

• United States Code, Title 18, Part I, Chapter 51 – Crimes and Criminal Procedure
• Federal Bureau of Investigation, "Homicide: A Federal Crime?"