What Is Homicide?

In common law, criminal homicide is defined as the unlawful killing of a human by another. There are two ways for a killing to be unlawful. The first is if the killing is without a legal justification or excuse (e.g., it is without a defense). The second is if the killing is the result of a criminal state of mind (or mens rea).

Criminal homicide can be categorized as murder or manslaughter. The difference is whether it involves malice:

Homicide + Malice = Murder

Homicide – Malice = Manslaughter

A homicide categorized as murder can be committed with either of two types of malice.

The first type is express malice. This is when the act was intended to kill or grievously harm another person. 

The second type is implied malice. This is when there was a high likelihood of death expected from the act. That is also known as a depraved heart murder, because it implies a depraved indifference to human life. 

In sum, this is a broad overview of homicide at common law. However, there are distinctions to every case. You may also visit our related articles, including Murder, The Degrees of Murder, Manslaughter, and Vehicular Manslaughter.