Homicide

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Cain Slays Abel by Gustave Dore Cain kills Abel.png
Cain Slays Abel by Gustave Doré

Homicide is an act in which a person causes the death of another person. A homicide requires only a volitional act, or an omission, that causes the death of another, and thus a homicide may result from accidental, reckless, or negligent acts even if there is no intent to cause harm. [1] It is separate from suicide.

Contents

Homicides can be divided into many overlapping legal categories, such as murder, manslaughter, justifiable homicide, assassination, killing in war (either following the laws of war or as a war crime), euthanasia, and capital punishment, depending on the circumstances of the death. These different types of homicides are often treated very differently in human societies; some are considered crimes, while others are permitted or even ordered by the legal system.

Criminality

Criminal homicide takes many forms, including accidental killing and murder. Criminal homicide is divided into two broad categories—murder and manslaughter—based upon the state of mind and intent of the person who commits the homicide. [2]

A report issued by the United Nations Office on Drug and Crime in July 2019 documented that nearly 464,000 people around the world were killed in homicides in 2017, a number significantly in excess of the 89,000 killed in armed conflicts during the same period. [3]

Murder

Murder is the most serious crime that can be charged following a homicide. In many jurisdictions, murder may be punished by life in prison or even capital punishment. [4] Although categories of murder can vary by jurisdiction, murder charges fall under two broad categories, or degrees:

In some jurisdictions, a homicide that occurs during the commission of a dangerous crime may constitute murder, regardless of the actor's intent to commit homicide. In the United States, this is known as the felony murder rule. [5] In simple terms, under the felony murder rule a person who commits a felony may be guilty of murder if someone dies as a result of the commission of the crime, including the victim of the felony, a bystander or a co-felon, regardless their intent—or lack thereof—to kill, and even when the death results from the actions of a co-defendant or third party who is reacting to the crime.

Preterintentional killing

The preterintentional killing [6] occurs when a person, [7] with actions aimed at hitting or harming, unintentionally causes the death of a person: [8] the agent will be liable for objective responsibility (or fault, for the laws that require it) [9] for the death event. [10]

Manslaughter

Manslaughter is a form of homicide in which the person who commits the homicide either does not intend to kill the victim, or kills the victim as the result of circumstances that would cause a reasonable person to become emotionally or mentally disturbed to the point of potentially losing control of their actions. [11] The distinction between murder and manslaughter is sometimes said to have first been made by the ancient Athenian lawmaker Draco in the 7th century BC. The penalty for manslaughter is normally less than the penalty for murder. The two broad categories of manslaughter are: [11]

Another form of manslaughter in some jurisdictions is constructive manslaughter, which may be charged if a person causes a death without intention but as the result of violating an important safety law or regulation. [12] [13]

Lawful excuse

Not all homicides are crimes, or subject to criminal prosecution. [14] Some are legally privileged, meaning that they are not criminal acts at all. Others may occur under circumstances that provide the defendant with a full or partial defense to criminal prosecution. Common defenses include:

The availability of defenses to a criminal charge following a homicide may affect the homicide rate. For example, it has been suggested that the availability of "stand your ground" defense has resulted in an increase in the homicide rate in U.S. jurisdictions that recognize the defense, [18] including Florida. [19] [20]

By state actors

Homicides committed by state actors may be considered lawful or unlawful according to:

Types of state killings include:

The term mass killing has been proposed by genocide scholars as a concept to define certain large-scale killings of non-combatants by state actors. Some medium- and large-scale mass killings by state actors have been termed massacres, though not all such killings have been so named. The term "democide" was coined by American political scientist Rudolph Rummel to describe "murder by government" in general, which included both extrajudicial killings and widespread systematic acts of homicide. Killings committed by state actors might be called "murder" or "mass murder" in general usage, especially if seen by the commentator as unethical, but the domestic legal definitions of murder, manslaughter, etc., usually exclude killings carried out by lawful government action. [21] [22] [23] [24]

Dartmouth College professor Benjamin Valentino outlines two major categories of mass killings: dispossessive mass killing and coercive mass killing. The first category includes four subcategories: communist, fascist, ethnic and territorial mass killings, while second category includes counterinsurgency, terrorist and imperialist mass killings. Valentino included several prominent examples of dispossessive mass killing to include his arguments, including the Holodomor, Great Leap Forward and Cambodian genocide for communist mass killings, the White Terror, the Holocaust and Dirty War for fascist mass killings, the Armenian and Rwandan genocides for ethnic mass killings and the American Indian Wars and Herero and Nama genocide for territorial mass killings. He also included examples of coercive mass killings, including counterinsurgency killings during the Algerian War and Soviet–Afghan War, terrorist mass killings such as strategic bombing during World War II and the blockade of Biafra, and German and Japanese imperialism during World War II as examples of imperialist mass killings. [25] [26] [27] [28] [29] [30] [31] [32] [33] [34] [35] [36] [37]

Rates

Map of intentional homicide rate per 100,000 with data source United Nations Office on Drugs and Crime World map of homicide rates per 100,000 people.png
Map of intentional homicide rate per 100,000 with data source United Nations Office on Drugs and Crime
Countries with the highest intentional homicide rates in 2020 are generally less populous. 20201023 UNODC Intentional homicides by country - highest rates and most populous countries.png
Countries with the highest intentional homicide rates in 2020 are generally less populous.

Global

A 2011 study by the United Nations Office on Drugs and Crime brought together a wide variety of data sources to create a worldwide picture of trends and developments. [40] Sources included multiple agencies and field offices of the United Nations, the World Health Organization, and national and international sources from 207 countries.

The report estimated that in 2010, the total number of homicides globally was 468,000. More than a third (36%) occurred in Africa, 31 percent in the Americas, 27 percent in Asia, five percent in Europe and one percent in Oceania. Since 1995, the homicide rate has been falling in Europe, North America, and Asia, but has risen to a near "crisis point" in Central America and the Caribbean. Of all homicides worldwide, 82 percent of the victims were men, and 18 percent were women. [41] On a per-capita scaled level, "the homicide rate in Africa and the Americas (at 17 and 16 per 100,000 population, respectively) is more than double the global average (6.9 per 100,000), whereas in Asia, Europe and Oceania (between 3 and 4 per 100,000) it is roughly half". [41]

In its 2013 global report, UNODC estimated the total number of homicides worldwide had dropped to 437,000 in 2012. The Americas accounted for 36 percent of all homicides globally, Africa 21 percent, Asia 38 percent, Europe five percent and Oceania 0.3%. [42] The world's average homicide rate stood at 6.2 per 100,000 population in 2012, but the Southern Africa region and Central America had intentional homicide rates four times higher than the world average. They were the most violent regions globally, outside of regions experiencing wars and religious or sociopolitical terrorism. [42] Asia exclusive of West Asia and Central Asia, Western Europe, Northern Europe, as well as Oceania had the lowest homicide rates in the world. About 41 percent of the homicides worldwide occurred in 2012 with the use of guns, 24 percent by stabbing with sharp objects such as knife, and 35 percent by other means such as poison. The global conviction rate for the crime of intentional homicide in 2012 was 43 percent. [43]

The 2011 Global Study on Homicide reported that "[W]here homicide rates are high and firearms and organized crime in the form of drug trafficking play a substantial role, 1 in 50 men aged 20 will be murdered before they reach the age of 31. At the other, the probability of such an occurrence is up to 400 times lower. [H]omicide is much more common in countries with low levels of human development, high levels of income inequality and weak rule of law than in more equitable societies, where socioeconomic stability seems to be something of an antidote to homicide. In cases of intimate partner and family-related homicide cases, women murdered by their past or present male partner make up the vast majority of homicide victims worldwide." [40]

Historic European

Estimated homicide rates
in Europe [44] : 100 		Deaths per year
per 100,000 population
13th–14th centuries32
15th century41
16th century19
17th century11
18th century3.2
19th century2.6
20th century1.4

In the mid-second millennium, local levels of violence in Europe were extremely high by the standards of modern developed countries. Typically, small groups of people would battle their neighbors using the farm tools at hand, such as knives, sickles, hammers, and axes. Mayhem and death were deliberate. The vast majority of Europeans lived in rural areas till 1800. Cities were few, and small in size, but their concentration of population was conducive to violence and their trends resembled those in rural areas. [44] Across Europe, homicide trends show a steady long-term decline. [45] [46] Regional differences were small, except that Italy's decline was later and slower. From about 1200 AD through 1800 AD, homicide rates from violent local episodes, not including military actions, declined by a factor of ten, from approximately 32 deaths per 100,000 people to 3.2 per 100,000. In the 20th century, the homicide rate fell to 1.4 per 100,000. Police forces seldom existed outside the cities; prisons only became common after 1800. Before then, harsh penalties were imposed for homicide (severe whipping or execution) but they proved ineffective at controlling or reducing the insults to honor that precipitated most of the violence. [47] The decline does not correlate with economics or measures of state control. Most historians attribute the trend in homicides to a steady increase in self-control of the sort promoted by Protestantism, and necessitated by schools and factories. [44] : 127–32  Eisner argues that macro-level indicators for societal efforts to promote civility, self-discipline, and long-sightedness are strongly associated with fluctuations in homicide rates over the past six centuries. [48]

United States

Homicide rates per 100,000 by state. CDC. US map.svg
Homicide rates by U.S. state per 100,000 residents [49] [50] [51]
Homicide rate by county.webp
Homicide rate by county
2021 Homicide rates in high-income countries - variable-width bar chart.svg
Among 15 high-income countries, the U.S. has both the highest homicide rate, and the largest number of homicides. [52]
2021 Homicide rates in countries with highest homicide rates - variable-width bar chart.svg
The countries with the most homicides per unit population are generally countries with small populations (very narrow rectangles in chart). [52]
Fetal homicide laws in the United States .mw-parser-output .legend{page-break-inside:avoid;break-inside:avoid-column}.mw-parser-output .legend-color{display:inline-block;min-width:1.25em;height:1.25em;line-height:1.25;margin:1px 0;text-align:center;border:1px solid black;background-color:transparent;color:black}.mw-parser-output .legend-text{} "Homicide" or "murder" Other crime against fetus Depends on age of fetus Assaulting mother No law on feticide Map of US, feticide laws.svg
Fetal homicide laws in the United States
  "Homicide" or "murder"
  Other crime against fetus
  Depends on age of fetus
  Assaulting mother
  No law on feticide

In the US, the National Violent Death Reporting System is a centralized database of relevant information from death certificates, coroner and medical examiner records, and law enforcement reports, which emerged from the National Violent Injury Statistics System. This public health surveillance tool began collecting data in 2003 and is analyzed by the National Center for Injury Prevention and Control at the CDC to provide nationally representative data.

In 2020, there were 18,439 cases of single homicide (28.6% of all violent deaths) in the 48 states and DC, a rate of 6.7 per 100,000 inhabitants. There were 695 cases of multiple homicide (1%) and 571 cases (<1%) of homicide followed by suicide with an overall homicide rate of 7.5 per 100,000 population. The weapons most commonly used in homicides were firearms, used in 76.7% of homicides overall; followed by a sharp instrument (9%); a blunt instrument (3%); personal weapons (e.g., hands, feet, or fists; 2.5%); and hanging, strangulation, or suffocation (1.5%). Among all homicide victims, a house or apartment was the most common location of homicide (41%); followed by a street or highway (22%); a motor vehicle (10%); and a parking lot, public garage, or public transport (4.5%). Precipitating circumstances were identified in 69% of homicides. One-third of homicides with known circumstances were precipitated by an argument or conflict (34%), and 15% of homicides with known circumstances were related to intimate partner violence. Homicides also were commonly precipitated by another crime (23%); in 66% of those cases, the crime was in progress at the time of the incident like assault or homicide (38.9%), robbery (32.9%), drug trade (14.5%), burglary (11%), motor vehicle theft (5%), rape or sexual assault (2%). A larger proportion of homicides of females than males resulted from caregiver abuse or neglect (9.0% versus 2.7%) or were perpetrated by a suspect with a mental health problem (e.g., schizophrenia or other psychotic conditions, depression, or posttraumatic stress disorder) (6.3% versus 1.7%). Homicide rates are known to be higher in males and in communities with concentrated poverty, stressed economies, residential instability, neighborhood disorganization, low community cohesion, and informal controls. The overall firearm homicide rate in 2020 was higher than in the last 20 years, disproportionately borne by Native Americans and Black persons. It is thought that the COVID-19 pandemic increased social and economic stress. [53]

See also

Related Research Articles

<span class="mw-page-title-main">Murder</span> Unlawful killing of a human with malice aforethought

Murder is the unlawful killing of another human without justification or valid excuse committed with the necessary intention as defined by the law in a specific jurisdiction. This state of mind may, depending upon the jurisdiction, distinguish murder from other forms of unlawful homicide, such as manslaughter. Manslaughter is killing committed in the absence of malice, such as in the case of voluntary manslaughter brought about by reasonable provocation, or diminished capacity. Involuntary manslaughter, where it is recognized, is a killing that lacks all but the most attenuated guilty intent, recklessness.

A violent crime, violent felony, crime of violence or crime of a violent nature is a crime in which an offender or perpetrator uses or threatens to use harmful force upon a victim. This entails both crimes in which the violent act is the objective, such as murder, assault, rape and assassination, as well as crimes in which violence is used as a method of coercion or show of force, such as robbery, extortion and terrorism. Violent crimes may, or may not, be committed with weapons. Depending on the jurisdiction, violent crimes may be regarded with varying severities from homicide to harassment.

Culpable homicide is a categorisation of certain offences in various jurisdictions within the Commonwealth of Nations which involves the homicide either with or without an intention to kill depending upon how a particular jurisdiction has defined the offence. Unusually for those legal systems which have originated or been influenced during rule by the United Kingdom, the name of the offence associates with Scots law rather than English law.

<span class="mw-page-title-main">Femicide</span> Murder of women or girls because of their sex

Femicide or feminicide is a term for the murdering of females, often because of their gender. In 1976, the feminist author Diana E. H. Russell first implicitly defined the term as a hate killing of females by males but then went on to redefine it as "the killing of females by males because they are female" in later years. Femicide can be perpetrated by either sex but is more often committed by men. This is most likely due to unequal power between men and women as well as harmful gender roles, stereotypes, or social norms.

<span class="mw-page-title-main">Crime in Mexico</span>

Crime is one of the most urgent concerns facing Mexico, as Mexican drug trafficking rings play a major role in the flow of cocaine, methamphetamine, fentanyl, heroin, and marijuana transiting between Latin America and the United States. Drug trafficking has led to corruption, which has had a deleterious effect on Mexico's Federal Representative Republic. Drug trafficking and organized crime have been a major source of violent crime. Drug cartels and gangs have also branched out to conduct alternative illegal activities for profit, including sex trafficking in Mexico. Some of the most increasingly violent states in Mexico in 2020 included Guanajuato, Zacatecas, Michoacán, Jalisco, and Querétaro. Some of the world's most violent cities are reportedly within the state of Guanajuato with extortion from criminal groups now being commonplace. The state of Zacatecas is said to be valuable to multiple organized crime groups for drug trafficking, specifically methamphetamine to the United States. As of 2021, Michoacán is experiencing increased instances of extortion and kidnapping due to a growing presence and escalation in the armed conflicts between CJNG and Cárteles Unidos on regions bordering the neighboring state of Jalisco. CJNG is also currently battling the Los Chapitos faction of the Sinaloa Cartel in the North Mexican region of Sonora.

<span class="mw-page-title-main">Crime in the United States</span>

Crime has been recorded in the United States since its founding and has fluctuated significantly over time. Most available data underestimate crime before the 1930s, giving the false impression that crime was low in the early 1900s and had a sharp rise after. Instead, violent crime during the colonial period was likely three times higher than the highest modern rates in the data we have, and crime had been on the decline since colonial times. Within the better data for crime reporting and recording available starting in the 1930s, crime reached its broad, bulging modern peak between the 1970s and early 1990s. After 1992, crime rates have generally trended downwards each year, with the exceptions of a slight increase in property crimes in 2001 and increases in violent crimes in 2005–2006, 2014–2016 and 2020–2021. As of July 1, 2024 violent crime was down and homicides were on pace to drop to 2015 levels by the end of the year.

Manslaughter is a common law legal term for homicide considered by law as less culpable than murder. The distinction between murder and manslaughter is sometimes said to have first been made by the ancient Athenian lawmaker Draco in the 7th century BC.

<span class="mw-page-title-main">Gun violence</span> Method of violence

Gun-related violence is violence against a person committed with the use of a firearm to inflict a gunshot wound. Gun violence may or may not be considered criminal. Criminal violence includes homicide and assault with a deadly weapon. Depending on the jurisdiction, suicide or attempted suicide may also be considered a crime. Non-criminal violence includes accidental or unintentional injury and death. Also generally included in gun violence statistics are military or para-military activities.

<span class="mw-page-title-main">Crime in Brazil</span>

Brazil has one of the highest crime rates in the world, which involves an elevated incidence of violent and non-violent crimes. According to the United Nations Office on Drugs and Crime (UNODC), Brazil had a homicide rate of 21.26 per 100,000 inhabitants in 2021, up from 20.89 per 100,000 inhabitants with 43,073 murders in 2019; however, this was lower than in 2017, when Brazil had a homicide rate of 30.59 per 100,000 inhabitants. In 2018, Brazil had one of the highest number of intentional homicides in the world with 57,358. In addition, Brazil rates second in illegal drug trade in the world.

<span class="mw-page-title-main">Crime and violence in Latin America</span>

Crime and violence affect the lives of millions of people in Latin America. Some consider social inequality to be a major contributing factor to levels of violence in Latin America, where the state fails to prevent crime and organized crime takes over State control in areas where the State is unable to assist the society such as in impoverished communities. In the years following the transitions from authoritarianism to democracy, crime and violence have become major problems in Latin America. The region experienced more than 2.5 million murders between 2000 and 2017. Several studies indicated the existence of an epidemic in the region; the Pan American Health Organization called violence in Latin America "the social pandemic of the 20th century." Apart from the direct human cost, the rise in crime and violence has imposed significant social costs and has made much more difficult the processes of economic and social development, democratic consolidation and regional integration in the Americas.

<span class="mw-page-title-main">Crime in Poland</span>

Crime in Poland refers to the incidence, deterrence, and handling of criminal activity in the Republic of Poland by Polish law enforcement agencies charged with ensuring public safety and maintaining order. Poland ranks favorably in terms of public safety, with one of the lowest homicide rates in Europe. Poland was ranked 25th in the 2022 Global Peace Index and scored 0.0 on the 2023 Global Terrorism Index.

Crime rates in Alabama overall have declined by 17% since 2005. Trends in crime within Alabama have largely been driven by a reduction in property crime by 25%. There has been a small increase in the number of violent crimes since 2005, which has seen an increase of 9% In 2020, there were 511 violent crime offenses per 100,000 population. Alabama was ranked 44th in violent crime out of a total 50 states in the United States.

In the United States, the law for murder varies by jurisdiction. In many US jurisdictions there is a hierarchy of acts, known collectively as homicide, of which first-degree murder and felony murder are the most serious, followed by second-degree murder and, in a few states, third-degree murder, which in other states is divided into voluntary manslaughter, and involuntary manslaughter such as reckless homicide and negligent homicide, which are the least serious, and ending finally in justifiable homicide, which is not a crime. However, because there are at least 52 relevant jurisdictions, each with its own criminal code, this is a considerable simplification.

Crime in Denmark is combated by the Danish Police and other agencies.

<span class="mw-page-title-main">Crime in the Philippines</span>

Crime is present in various forms in the Philippines, and remains a serious issue throughout the country. Illegal drug trade, human trafficking, arms trafficking, murder, corruption and domestic violence remain significant concerns.

References

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  50. ↑ New Hampshire. National Center for Health Statistics. Centers for Disease Control and Prevention.
  51. ↑ Vermont. National Center for Health Statistics. Centers for Disease Control and Prevention.
  52. 1 2 ● Homicide data from "Homicide rate UNODC / Homicide rate, 2021". OurWorldInData.org. United Nations Office on Drugs and Crime. 2023. Archived from the original on 4 November 2024.
    ● 2021 Population data from "The World Factbook (2021 Archive) Country Comparisons – Population". U.S. Central Intelligence Agency. Archived from the original on 4 July 2024.
    ● List of high-income countries from "High-Income Countries 2024". World Population Review. 2024. Archived from the original on 20 June 2024. World Bank's income categories are updated annually, at the start of each financial year, and are based upon the most recently released data, which tends to be 1.5 years previous.
  53. ↑ Liu, Grace S. (2023). "Surveillance for Violent Deaths — National Violent Death Reporting System, 48 States, the District of Columbia, and Puerto Rico, 2020". MMWR. Surveillance Summaries. 72 (5): 1–38. doi:10.15585/mmwr.ss7205a1. ISSN   1546-0738. PMC   10208308 . PMID   37220104. S2CID   258865008.

Further reading

Balance, by David.svg Lawportal

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