We explain the difference between culpable homicide and intentional homicide. We also tell you what other types of homicide exist. Please read other MTV articles. Search engines are not ranking small websites, please check at least two Article or Post. That will help, thank you!
What is the difference between culpable homicide and intentional homicide?
In legal jargon, homicide is the act of taking the life of another person, that is, causing death by action or omission, whether or not there is an express intention to do so. Depending on the context in which it occurs, it may be considered an intentional murder or an accidental homicide.
There are different legal categories used to distinguish between these two situations and thus determine an appropriate penalty for the perpetrator. These include culpable homicide, involuntary or negligent, and intentional homicide, voluntary or intentional.
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This distinction is due to the fact that causing the death of a third party through an error or mistake, or without even realizing what one is doing, is not the same legally as doing so in a planned, express, and intentional manner, with the aim of avoiding a problem or obtaining a reward.
The difference between culpable homicide and intentional homicide, thus, lies in the perpetrator’s intention. This difference influences the way the crime is judged and the punishment imposed, and can be summarized as follows:
Wrongful or Negligent Homicide
This occurs when the death of a third party is caused by negligent conduct, that is, when an action is carried out that leads to the death of another person without the full intention of killing them: due to carelessness, ignorance, or irresponsibility.
It receives a relatively lesser penalty, given that there was no unlawful intent or malice, that is, the crime was committed without the intention of doing so.
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It can be of two types:
- When it is unknown that the action taken will cause the death of another or others.
- When it is known that the action puts the life of another or others at risk, but it is mistakenly believed that it can be controlled and the homicide avoided.
Examples of wrongful homicide are:
- A doctor whose recklessness or carelessness causes the death of a patient. A driver who accidentally runs over and kills a person.
- A chef who prepares a dish with poisonous mushrooms, believing he has successfully removed the toxin, causes the diner’s death.
- A crane operator who loses control of a crane and kills a bystander.
- A dentist who mistakenly uses a drug to which his patient is allergic.
Wilful or intentional homicide
This occurs when the death of a third party is caused entirely intentionally, that is, with malice aforethought: the full intent to commit a crime despite being aware of what it entails and the penalties it may entail.
It receives a relatively harsher sentence, given that the crime was committed with the full intent and awareness of harming others.
It can be of two types:
- When homicide is committed with the full intent to physically eliminate a person.
- When homicide is the consequence of an action with another purpose, and the perpetrator is aware of this but carries it out anyway.
Examples of wilful homicide include:
- A spouse who murders their partner.
- A hitman who shoots strangers in exchange for a monetary payment.
- A vendor who sells spoiled food, knowing the risk it poses, and poisons the customer who ingests it.
- A person who denies medical care to another person knowing that they are at risk of immediate death.
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Types of Homicide
In addition to intentional and negligent homicide, the following categories of homicide are commonly used legally:
1. Preterintentional Homicide
This occurs when a person commits an act with the clear intent to harm another, but not to kill them, and the homicide occurs accidentally. For example: A street fight gets out of control and one of the combatants ends up killing the other.
2. Femicide
This occurs in a context of gender-based violence in which a woman is murdered simply for being a woman. The male murderer may or may not have a prior relationship with the victim. For example: A woman decides to end her relationship after experiencing various forms of abuse. The man refuses to end the relationship and murders her.
3. Hate Homicide
Occurs when the murderer has no motive for causing the victim’s death other than their membership in a social, racial, religious, or gender group. For example: A person who attacks a stranger because of their skin color until they are killed.
4. Homicide criminis causa
Occurs when the homicide is committed to cover up, facilitate, or commit another prior or subsequent crime. For example: A thief discovers there is a witness to his crime and murders him before he can report him to the authorities.
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References
All the information we offer is supported by authoritative and up-to-date bibliographic sources, which ensure reliable content in line with our editorial principles.
- Homicide on Wikipedia.
- What is the difference between intentional homicide and negligent homicide? by Assa (El Salvador).
- Intentional and negligent homicide definition, Concept, differences, and examples – concepto.de
