Manslaughter: The Unlawful Killing

The 2016 Florida Statute 782 states that, the unlawful killing of another human being is defined as the term homicide. Though the definition often gets confused with the concept of murder, there are actually 3 types of homicide; Justifiable homicide, Excusable homicide and Criminal homicide. Each of the 3 are defined differently regarding the circumstances, however they are yet one in the same due to the result ending another person’s life. According to the Florida Statues, an Excusable homicide is committed by accident and misfortune if doing any lawful act by lawful means with usual ordinary caution, and without any unlawful intent, or by accident and misfortune in the heat of passion, upon and sudden and sufficient provocation or upon
a sudden combat with any dangerous weapon. For example, if an officer is on duty he has to obey his chief officer or whoever is in charge of the operation, so if the chief instructs the officer to commit an act of homicide towards the enemy it is considered excusable, because it’s the officer’s duty at that moment.
A justifiable homicide is defined as the use of deadly force that is justifiable when a person is resisting any attempt to murder such person or to commit any felony upon him or her in any dwelling house in which such person shall be. As an example, self-defense is justifiable, further more it can also relate to an excusable homicide as well. It is justifiable due to the fact of a person protecting themselves in case of their life being threatened by the other individual. If someone approaches you in a violent or hostile nature, it is your right to protect yourself or children against the offender, especially if they’re violating your personal space.
Lastly, the third type of homicide is criminal homicide, it is also be divided into two broad categories; murder and manslaughter.
Murder is the unlawful killing of another human being and manslaughter is the killing of a human being by the act, procurement or culpable negligence of another with lawful justification. Manslaughter can be divided into two categories; voluntary manslaughter, which is defined as a deliberate action that is done without malice or premeditation, such as a heat of passion crime. Involuntary manslaughter is the failure to perform a legal duty that is required to protect another life, such as a lifeguard not saving a drowning victim. Criminal homicide occurs when a person unlawfully and knowingly, recklessly or negligently causes the death of another human being. It also considered as murder with malice aforethought, which is the premeditation or predetermination of crimes. Similarly, the malice aforethought also relates to the depraved heart, which is when a person commits and act knowing the act has a usual high risk of causing death or serious bodily harm, such as aggravated child abuse, robbery, arson and an act of terrorism. Depending on the criminal act attempted, punishment can vary from first degree, second degree or third
degree.
The state of Texas statutes regarding homicide states homicide is a person who commits criminal homicide if he intentionally, knowingly, recklessly, or with criminal negligence causes the death of an individual.
Criminal homicide is considered murder, capital murder, manslaughter or criminal negligent homicide. Unlike Florida, Texas defines first degree murders as capital murder, which is a murder that an offender can get sentenced to capital punishment. Identically to Florida, the prosecutor must be able to prove beyond reasonable doubt that, the defendant intentionally and knowingly cause the death of murder, the person intended to cause bodily harm or death, or the person committed or attempted to commit a felony. Defenses against capital murder charges can range from self-defense, insanity, lack of intent, lack of knowledge, and intoxication due to the fact of the person Mens Rea being
incoherent.
In brief, I would like to conclude that homicide in general, in Florida and in other states may vary differently verbally, and some may differ in regards to sentencing. However, they are all similar depending on the circumstances.