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That's voluntary manslaughter. Homicide is killing, criminal or not, so "self defense" or accidental killing is homicide. All murder and manslaughter is homicide, but not all homicide is manslaughter or murder. There's another category of involuntary manslaughter. Example: You are driving in a residential neighborhood at a "safe" speed of 10 mph.
Now, in a system where the sentence for murder is the same as for attempted murder, there is no legal incentive for Alice to not attempt to murder Bob again: The worst that can come from murdering Bob is the same sentence she would be facing for attempted murder, while at best a successful murder allows her to cover up her crime.
Murder is, by definition, an unlawful killing of a human. Since abortion is legal, it cannot be murder, so it cannot be a double murder. Since killing a pregnant woman is illegal and ends two human lives, it can be a double murder. The details can, of course, depend on the jurisdiction. If abortion is illegal, then it could be considered murder.
"murderer according to civilian rules" No, murder is the unlawful, premeditated killing of a human. The key is unlawful. Merely killing somebody isn't murder, it's homicide. Capital punishment, self defense, legal euthanasia, fatal medical mistakes, are all homicide, but not murder. –
@MartinBonner Yes. But, historically relevant to the reason that the offenses are defined in the manner that they are in any jurisdiction with a first degree murder offense, which was originally invented by death penalty opponents to reduce capital punishment by narrowing the circumstances under which the death penalty could be imposed with other murders downgraded to non-capital second degree ...
Also remember that homicide is primarily a state-level crime do there are 50+ versions. Washing has murder vs. homicide and both have two degrees, plus a non-degree version homicide by abuse. Ohio uses adjectives rather than degrees and has 7 distinctions. –
This assumes there is a difference under the law between reckless and negligent homicide (which does not exist everywhere). In Washington state there is a distinction between 1st and 2nd degree manslaughter, per RCW 9A.32.060 and .070. What could be called reckless homicide is when
As far as I know, the key difference between "Attempt Aggravated Assault" and "Attempted Murder" is whether or not the prosecution can prove that the perpetrator intended to kill someone. However, the requirement for proving intent has led to a lot of inconsistency in how these types of violent crimes are classified in practice.
The punishment for attempted murder is not the same as the punishment for murder: since murder is a class A felony, attempted murder is defined as a class B felony, which has a penalty between 2 and 20 years. Compare that to actual murder which carries a minimum sentence of 50 years. In no case can a person committing actual murder serve less ...
@BlueDogRanch: I don't think this is an exact duplicate. The other Q asks how one can be charged, not convicted (of both); likewise the answer fails to explain how one can be convicted of both (although it does provide a good reason why the prosecution may charge someone with both, i.e. in case the higher offense is rejected by the jury).