Homicide

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Homicide is an act in which a human causes the death of another human. [1]

Contents

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. [2] 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 or 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. [3]

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. [4]

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. [5] Although categories of murder can vary by jurisdiction, murder charges fall under two broad categories:

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. [6] 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.

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. [7] 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: [7]

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. [8] [9]

Lawful excuse

Not all homicides are crimes, or subject to criminal prosecution. [10] 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, [14] including Florida. [15] [16]

By state actors

Killings by government agents may be considered lawful or unlawful according to:

Types of state killings include:

Scholars study especially large homicide events (typically 50,000 deaths in five years or less) as mass killings. 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 has been coined by Rudolph Rummel to describe "murder by government" in general, which includes both extrajudicial killings and widespread systematic homicide.

Killings by government agents 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.

Systematic government killing

Deliberate massacres of captives or civilians during wartime or periods of civil unrest by the state's military forces include those committed by Genghis Khan, the Golden Horde, the troops of Vlad the Impaler, the British Empire in its colonies, the Empire of Japan, the Soviet Union, Nazi Germany during the Second Sino-Japanese War and World War II, the Herero and Namaqua genocide, being the 1st genocide of the 20th century and committed by the German Empire, The Holocaust, the Nanjing Massacre, the Katyn Forest Massacre of Polish citizens in 1940 and the massacres of political prisoners after the launch of Operation Barbarossa, the Three Alls Policy, the massacre of Soviet Jews at Babi Yar, the mass murder of the Hungarian, Serbian and German population in Vojvodina in the "Vengeance of Bacska", the murder of 24 unarmed villagers by British troops in the Batang Kali massacre during the Malayan Emergency, the mass killings in Indonesia during Suharto's rise to power, [17] [18] the murder of suspected leftists during Operation Condor in South America, [19] the murder of Vietnamese civilians by American soldiers in the My Lai Massacre during the Vietnam War, the genocidal massacres of the Maya population during the Guatemalan Civil War, [20] the massacre at El Mozote during the Salvadoran Civil War, [21] repeated attacks on civilians during the Syrian civil war including the Al-Qubeir massacre and the Armenian genocide by the Ottoman Empire.

Actions in which the state indirectly caused the death of large numbers of people include human-made disasters caused by the state, such as the famines in India during British rule, [22] the atrocities in the Congo Free State, [23] the Khmer Rouge years in Cambodia, the Holodomor in Soviet Ukraine and wider Soviet famine, the famines and poverty caused by the Great Leap Forward and the Cultural Revolution in the People's Republic of China, [24] and the famine in Yemen triggered by the U.S.–backed Saudi Arabian-led intervention and blockade. [25] [26] [27]

Rates

See or edit source data.
Number of homicide deaths per 100,000 people [28]
20201023 UNODC Intentional homicides by country - highest rates and most populous countries.png
Countries with the highest intentional homicide rates are generally less populous. [29]
2010 homicide rates - gun PLUS non-gun - high-income countries.png
Comparison of homicide rates for high-income OECD countries [30]

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. [31] 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. [32] 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". [32]

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%. [33] 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. [33] 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. [34]

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." [31]

Historic European

Estimated homicide rates
in Europe [35] : 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. [35] Across Europe, homicide trends show a steady long-term decline. [36] [37] 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. [38] 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. [35] : 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. [39]

United States

Homicide rates by U.S. state per 100,000 residents Homicide rates per 100,000 by state. CDC. US map.svg
Homicide rates by U.S. state per 100,000 residents
Homicide rate by county Homicide rate by county.webp
Homicide rate by county
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. [43]

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.

<span class="mw-page-title-main">Crime in Canada</span> Overview of crime in Canada

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

Femicide or feminicide is a term for the hate crime of systematically killing women, girls, or females in general because of their sex. 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 gender 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> Overview of crime in Mexico

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

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References

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  5. ↑ "Federal Laws Providing for the Death Penalty". Death Penalty Information Center. Archived from the original on 11 September 2017. Retrieved 11 September 2017.
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  7. 1 2 "9.6 Manslaughter". Criminal Law: Manslaughter. University of Minnesota. 17 December 2015. Archived from the original on 10 September 2017. Retrieved 11 September 2017.
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  9. ↑ e.d. fatal accidents with alpinists Condamnation de deux alpinistes pour « homicide involontaire » Archived 5 February 2019 at the Wayback Machine L’avocat du syndicat des guides dérape sur l’arête du Goûter Archived 26 December 2018 at the Wayback Machine
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  11. ↑ See, e.g., California Constitution, Art. 1, Sec. 1
  12. ↑ See, e.g., California Penal Code, Sec. 197.
  13. ↑ See the U.S. Supreme Court decision in Atkins v. Virginia .
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  31. 1 2 "2011 Global Study on Homicide". UNODC. United Nations Office on Drugs and Crime. 2011. Archived from the original on 18 December 2012. Retrieved 10 May 2018.
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  33. 1 2 UNODC, Global Study on Homicide Archived 3 November 2014 at the Wayback Machine 2013 Report
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  40. ↑ Homicide Mortality by State. National Center for Health Statistics. Centers for Disease Control and Prevention.
  41. ↑ New Hampshire. National Center for Health Statistics. Centers for Disease Control and Prevention.
  42. ↑ Vermont. National Center for Health Statistics. Centers for Disease Control and Prevention.
  43. ↑ 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.

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