We explain what is the difference between intentional homicide and manslaughter. Also, what other types of homicide exist.
What is the difference between manslaughter and intentional homicide?
In juridical and legal jargon, a homicide is the act of taking away the life to another person, that is, to cause the death by act or omission, whether or not it is expressly intended to do so. Depending on the context in which it occurs, it can be an intentional murder or an accidental homicide.
There are different legal categories used to distinguish between these two situations, and thus be able to find an appropriate sentence for the perpetrator. These include culpable, involuntary or negligent, and intentional, voluntary or intentional homicide.
This differentiation is due to the fact that it is not the same legally to cause the death of a third party due to an error or mistake, or without even realizing what is being done, than to do it in a planned, express and intentional manner, in order to get rid of a problem or get a reward.
The difference between manslaughter and intentional homicide, thus, lies in the intention of the perpetrator. This difference influences the way in which the crime is judged and the punishment prescribed, and can be summarized as follows:
| Wrongful or negligent homicide | Intentional or intentional homicide |
| It takes place when the death of a third party is caused due to negligent conduct, that is, when an action is carried out that leads another to death without having the full intention of killing him: due to carelessness, ignorance or irresponsibility. | It takes place when the death of a third party is caused completely intentionally, that is, with fraud: the full intention to commit a crime despite being aware of what that means and the penalties it can bring. |
| He receives a relatively minor sentence, since there was no unlawful intent or fraud, that is, the crime was committed without the intention of doing so. | You receive a relatively higher sentence, since the crime was committed with the full intention and awareness of harming others. |
| It can be of two types:
● When it is ignored that the action undertaken 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 thought that it can be controlled and the homicide avoided. | It can be of two types:
● When the homicide is committed with the full intention of physically eliminating a person. ● When the homicide is the consequence of an action with another purpose, and the person who commits it is aware of it but carries it out anyway. |
| Examples of manslaughter are:
● A doctor whose recklessness or carelessness causes the death of a patient. ● A driver who accidentally hits and kills a person. ● A cook who prepares a dish with poisonous mushrooms believing that he has correctly removed the toxin and causes the death of the diner. ● An operator who loses control of a crane and kills a bystander. ● A dentist who mistakenly uses a drug to which his patient is allergic. | Examples of intentional homicide are:
● A spouse who murders his partner. ● A hitman who shoots strangers in exchange for monetary payment. ● A vendor who knowingly sells spoiled food and poisons the customer who eats it. ● A person who denies medical care to another knowing that he or she is in immediate danger of death. |
Other types of homicide
In addition to intentional and culpable homicide, the following categories of homicide are usually used legally:
- preterintentional homicide. It occurs when a person commits an action with the clear intention of harming another, although not killing him, and the homicide occurs accidentally. For example: A street fight gets out of control and one of the contenders ends up killing the other.
- Passionate homicide. It occurs when the homicide occurs in a state of emotional alienation or uncontrollable rage on the part of the murderer, who then regains consciousness and regrets the actions committed. For example: A person discovers her partner being unfaithful and murders her.
- Hate-motivated homicide. It occurs when the murderer has no reason to cause the victim's death except for her belonging to a social, racial, religious or gender group. For example: A person who attacks a stranger because of the color of his skin until he is killed.
- Homicide criminis causa. Occurs when the homicide is committed to cover up, promote or commit another crime before or after. For example: A thief discovers that there is a witness to his crime and kills him before he can report him to the authorities.