Very curious about a point of law re: murder.

[wakemeupwhenitsover]

I know that Murder One is planning to kill someone, and that that can qualify the accused for the death penalty, but that's really the only one I know. Then there are a bunch of lesser charges like Manslaughter or Negligent Homocide along with subgroups. I've always been curious but never taken the time to actually look them up. Is anyone at all familiar or could point me to a web site?

TIA

[eallen]

1. It varies from state to state.

Not only do states vary in what homicide crimes they define, but these vary in their elements.

[Geoff R. Casavant]

2. The names vary from state to state

But here's a general rundown -- a "homicide" is a killing of one human being by another human being.

If the killer intends to cause death, then it is murder. If the killer's intent is premeditated (i.e., planned), then it is first-degree murder. If the killer's intent is based on a sudden passion (the best example is catching your spouse in bed with another person and killing the paramour) then it is second-degree murder.

If the killer does not intend to cause death, only some kind of injury, but death results anyway, then it is voluntary manslaughter.

If the killer does not intend to cause either death or injury, but is engaging in reckless behavior where there is a high likelihood of bodily harm, it is involuntary manslaughter.

Finally, if the killer does not intend to cause either death or injury, and is not engaging in reckless behavior, but is negligent, then it is negligent homicide.

Hope this helps.

[wakemeupwhenitsover]

4. yes it does thank you.

Here's another question if you don't mind. What if I took a gun out & was waving it around drunk & it accidently went off & shot someone & that person died. Would that be voluntary manslaughter? What if I didn't intend for the gun to go off, so I really didn't intend to hurt anyone?

edited to try to make my question clearer.

[Hosnon]

5. I'd say probably involuntary...in addition to the given definitions, it is

good to know that "intend" also means "substantial certainty that an event will occur."

So if I point a gun at someone across a room full of people and shoot to kill that person but hit someone else the courts consider that intent.

[hippiegranny]

3. so, what would trigger dick be charged with

if mr whittington should happen to inconveniently croak from his injuries? according to texas law, that is.

[wakemeupwhenitsover]

6. I'm going to guess negligent homicide.

Now, I wonder if that carries a prison term?

This is all academic anyhow, wrong shot dick won't be charged with dick. But it is interesting, don't you think?