H - Homicide
Homicide is the killing of a human being by the act, procurement, or culpable omission of another. Criminal homicide is of five grades:
(1) First Degree Murder
(2) Second Degree Murder
(4) Negligent Homicide
(5) Vehicular Homicide
Every state is different, in Louisiana
If convicted of first degree murder you will either be sentenced to life in prison without the benefit of probation, parole or suspension of sentence (in Louisiana, life means life) or you can be sentenced to death.
First degree murder is the intentional killing of another during the commission of one of several listed serious felonies. Many states (not Louisiana) call this the Felony Murder Rule. A person is guilty of first degree murder when a death occurs during the commission of one of those major felonies, if the death was a foreseeable act, even if that person did not personally commit the killing.
A person sets a house on fire (Crime of Arson) and a firefighter is killed while attempting to extinguish the fire. Or, if two of more people kidnap a child and hold her for ransom, but only one defendant actually kills the victim. Even if the two or more co-defendants agreed ahead of time that no one is supposed to get hurt, if the plan goes awry and the child is killed, all those who acted in concert are guilty of first degree murder. The death of the kidnap victim is always a foreseeable act of kidnapping.
Manslaughter is what we think of when we think of "the heat of passion murders." A wife walks in on her husband and catches him in bed with another woman. The key issue is that you are acting under severe emotional distress or you haven't had time to cool off after certain provocation. The provocation must be severe enough to cause a reasonable person to lose their cool and if too much time has passed (cooling off period) between the provocation and the killing, the less likely the murder will be reduced to manslaughter.
This information is intended for recreational purposes only and for the A to Z Challenge. It is not in any way offered as legal advice.
Are you making your way down the 2016 A to Z blogging challenge list? How many new blogs have you discovered? Are you sharing those new blogs with your readers?