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 Vermont, homicide is defined as the killing of one person by another and can be categorized into different types based on the circumstances and the intent of the person responsible. Murder, which is the most severe form of homicide, involves the intentional killing of another person with premeditation or malice. Vermont law distinguishes between different degrees of murder, with first-degree murder being the most serious, often involving premeditation, and second-degree murder involving a lesser degree of intent. Manslaughter in Vermont is a homicide committed without malice or premeditation and can be voluntary, where the act is intentional but without malice, or involuntary, where the death results from negligence. Involuntary manslaughter may occur in situations such as reckless driving or driving under the influence of drugs or alcohol that results in a fatal accident. Vermont statutes provide specific definitions and penalties for these offenses, and the exact charges and potential punishments depend on the details of each case. Affirmative defenses like self-defense or insanity may also be relevant in determining the lawfulness of a homicide in Vermont.