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 Georgia, homicide is defined as the unlawful killing of another person and can be categorized into different types based on the circumstances and the intent of the person responsible. Murder, under Georgia law, is the intentional and unlawful killing of another person with malice aforethought, either express or implied. It is the most serious form of homicide and can result in life imprisonment or the death penalty. Voluntary manslaughter occurs when a person intentionally kills another without malice aforethought, often in the heat of passion resulting from a serious provocation. Involuntary manslaughter in Georgia occurs when a person causes the death of another without intent to do so, by either committing an unlawful act other than a felony or by acting with reckless disregard for human life. Vehicular homicide is charged when a death results from a traffic offense such as reckless driving or driving under the influence (DUI). Defenses to homicide charges can include justifiable homicide, such as self-defense, or excusable homicide, such as insanity. The specific statutes detailing homicide laws in Georgia can be found in the Official Code of Georgia Annotated (O.C.G.A.), particularly in Title 16 which covers crimes and offenses.