The main difference between culpable homicide and murder is that murder occurs when one person or a group kills another with the premeditated aim of ending the latter’s life, while culpable homicide is an act that has resulted in a person’s death but is held not to amount to murder.
Murder and culpable homicide are two legalese terms to refer to the act of killing someone. The definitions of these terms differ according to laws in different countries and states.
Key Areas Covered
1. What is Culpable Homicide
– Definition, Features
2. What is Murder
– Definition, Features
3. Difference Between Culpable Homicide and Murder
– Comparison of Key Differences
Key Terms
Culpable Homicide, Homicide, Murder
What is Culpable Homicide
Culpable homicide is an act that has resulted in a person’s death but is held not to amount to murder. The elements of a culpable homicide involve 1) an unlawful act of killing a person, 2) intention of causing death, 3) intention of causing harmful injury which may lead to death, and 4) knowing that the actions that could lead to death.
Laws regarding culpable homicides and murders differ from country to country. In Canada, culpable homicide is not an offence by itself. This term is used in the Criminal Code to classify all killings as either culpable or not culpable homicide. Moreover, there are three forms of culpable homicides; they are murder, manslaughter, and infanticide. In addition, killings that are classified as not culpable are known as justifiable killings. Moreover, the Indian Penal Code defines culpable homicide as “whoever causes death by doing an act with the intention of causing death, or with the knowledge that he is likely by such act to cause death, commits the offence of Culpable Homicide.”
What is Murder
A murder occurs when one person or a group kills another with the premeditated aim of ending the latter’s life. Under the common law, murder is an intentional killing and is unlawful (no legal justification), and involves malice afterthought. Malice afterthought is premeditation or a malicious design to injure. It is this malice afterthought that makes it different from murder from other forms of homicides such as manslaughter.
The law also categorizes murder as first-degree murder and second-degree murder. First-degree murders are more aggravated and dangerous than other murders. They are also morally blameworthy than other crimes. Furthermore, murders that don’t fall under first-degree murders tend to fall under second-degree murders. However, it’s important to note that the criteria to specify a murder as a first or second degree varies from the laws of different countries and states. Regardless of the degree, the law always associates a murder with an intentional killing with premeditation.
Difference Between Culpable Homicide and Murder
Definition
A murder occurs when one person or a group kills another with the premeditated aim of ending the latter’s life, while culpable homicide is an act that has resulted in a person’s death but is held not to amount to murder.
Intention
Moreover, for a killing to be classified as murder, it has to be unlawful and should be characterized by malicious afterthought. However, in some legal systems, culpable homicides involve the crime of killing someone or causing his/her death, but not intentionally.
Conclusion
The main difference between culpable homicide and murder is that murder occurs when one person or a group kills another with the premeditated aim of ending the latter’s life, while culpable homicide is an act that has resulted in a person’s death but is held not to amount to murder.
Reference:
1. “9.2 Murder.” Criminal Law, University of Minnesota Libraries Publishing Edition, 17 Dec. 2015.
2. “What Is Culpable Homicide.” Regina Criminal Defence Lawyers, 18 Jan. 2022.
3. Berman, Sara J. “What Is Murder? Is Murder Different from Homicide?” Nolo, 29 Oct. 2021.
4. “Culpable Homicide.” Legal Services India.
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1. “1379720” (CC0) via Pxhere
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