Homicide is the act of one person causing the death of another person. Not all homicides are murder—some are manslaughter due to mitigating circumstances—and some are lawful when justified by an affirmative defense such as self-defense or insanity.
Criminal homicide generally involves (1) intent to cause death or serious bodily injury, or (2) negligence that causes the death of another person. Criminal homicide committed with the intent to cause death or serious bodily injury is generally charged as the criminal offense of murder (committed with intent and with premeditation or malice) or as voluntary manslaughter or second degree murder (committed with intent but without premeditation or malice).
And criminal homicide caused by negligence is generally charged as the criminal offense of involuntary manslaughter—for example, when a person is driving recklessly or speeding and hits another motor vehicle or pedestrian, causing the death of the other motorist or the pedestrian. A person driving a motor vehicle while intoxicated by drugs or alcohol who hits another motor vehicle or pedestrian, causing the death of the other motorist or the pedestrian, may be charged with involuntary manslaughter, or with a more specific offense like intoxication manslaughter or vehicular homicide—depending on applicable state laws.
Criminal homicide laws vary from state to state—including the names, degrees of severity, and punishments. These laws are generally found in a state’s statutes—often in the penal or criminal code.
In Rhode Island, homicide is defined as the unlawful killing of one person by another. The state differentiates between various types of homicide, including murder and manslaughter, based on the circumstances and the intent of the perpetrator. Murder is typically characterized by intent to kill or cause serious bodily harm, and it can be further classified into degrees, with first-degree murder involving premeditation and malice. Voluntary manslaughter, on the other hand, involves intent but occurs in the heat of passion or under mitigating circumstances without premeditation. Involuntary manslaughter in Rhode Island is usually the result of negligent actions, such as reckless driving or operating a vehicle under the influence of drugs or alcohol, leading to the death of another person. The specific charges and penalties for homicide offenses are outlined in Rhode Island's criminal statutes, and they can vary significantly based on the details of the offense. Defendants may also raise affirmative defenses such as self-defense or insanity to justify the act, which, if successful, can lead to a lawful homicide ruling.