Criminal Law: Homicide - Article Example

Murder of the first degree is the gravest criminal homicide (Cross 2010, P. 108). Characteristically, first-degree murder is equally intentional and premeditated. Premeditated means anything calculated, both long term and short term to take away the life of the victim. In such a case, the accused murderer’s intent is not necessarily focused on the real victim. For example, in the event that someone planned to kill one victim but accidentally ends up killing somebody else, the murder is still a first-degree murder meaning it is intentional and premeditated.

Consequently, first-degree murder charges apply in such a case. Murder of the first degree is the gravest criminal homicide (Cross 2010, P. 108). Characteristically, first-degree murder is equally intentional and premeditated. Premeditated means anything calculated, both long term and short term to take away the life of the victim. In such a case, the accused murderer’s intent is not necessarily focused on the real victim. For example, in the event that someone planned to kill one victim but accidentally ends up killing somebody else, the murder is still a first-degree murder meaning it is intentional and premeditated.

Consequently, first-degree murder charges apply in such a case.  In the event of a lack of premeditation but with the killer having an intention to kill such as in cases where homicides occurring in emotionally charged circumstances. The second-degree murder charges may apply to such a case of homicide depending on the area in which the homicide took place. Manslaughter largely means an unlawful killing that fails to satisfy an act of murder. The lowermost form of manslaughter is spontaneous manslaughter.

Spontaneous or involuntary manslaughter means that the culprit lacked the intention of killing anyone, but they only did so through criminal recklessness or negligence. Perhaps the commonest example is drunk driving leading to accidents that claim lives. The behavior of the drunk driver is described as criminally reckless even if they lacked the intention of killing anyone. Voluntary manslaughter typically implies that the offender lacked the intention to kill, for example, homicides occurring in emotionally charged situations without prudence (Publishing 2013, P. 69) Subject to the country or state, such a crime might fall under different classes of murder charges, rather than manslaughter.

Some incidences of homicides are not against the law. Criminal laws provide for exceptions in killings that would otherwise be categorized as criminal laws against murder or manslaughter.