Appendix 101 The Law of Homicide - Indiana

1 1-154 - The Legal Environment of the Coroner s WorkAppendix 1 Appendix 101 The Law of HomicideSection 404 Investigator s Reports and Case FilesAppendix 101 The Law of HomicideAppendix Defining 125 Appendix Justifiable Homicide .. 126 Appendix Excusable Homicide .. 126 Appendix Criminal 126 Appendix Murder .. 127 Appendix Manslaughter .. 128 Appendix Voluntary 128 Appendix Involuntary Manslaughter .. 128 Appendix Indiana Criminal Statutes .. 129 This Appendix deals with the law governing the killing of human beings. In the United States each year, there are about20,000 criminal homicides. We also experience large numbers (in excess of 40,000) deaths each year from motor vehiclecrashes (some of which are also criminal homicides). We also experience numerous homicides resulting from accidentalkillings in the home and workplace. When one human being causes the death of another human being, it is always a tragicevent.

2 It is not always, however, a crime . This Appendix provides general information on the traditional law of homicideand specific information on Indiana statutes governing the law of Homicide and related topics. The statutes reported inthis Appendix reflect changes through the First Regular Session of the 2001 Indiana General HomicideHomicide is the killing of one human being by another human word " Homicide " is neutral: it merely means the killing of one human being by another human being. Homicides maybe justifiable, excusable or criminal, depending upon the circumstances of the killing and the state of mind of the killer. Suppose a person is struck in the head by a falling meteor and killed. Such a death is not a Homicide . The victim iscertainly dead, but the cause of death was not the act of another human being. Suppose a person becomes lost in thewoods in the winter, falls in the snow unconscious, and is eaten by wolves.

3 The victim is dead, but the death is not ahomicide because the death was not caused by the act of another human being. Suppose a person is walking down thestreet when he suffers a heart attack and dies. The victim of the heart attack is dead, but the death is not a homicidebecause the death was not caused by the act of another human human death is a Homicide if the dead person was once alive and is now dead because of the act of anotherhuman order to call a death a Homicide , we must find the following facts to be true:1. a human being who was once alive is now dead, and,2. the death was caused by the act of another human a human being who was once alive is now dead, but the death was not caused by the act of another human being, thedeath is not a and cadavers are not human beings for purposes of criminal it is not ordinarily difficult to determine that a Homicide victim was a human being and was once alive, certaincircumstances can complicate the determination.

4 The criminal law does not recognize fetuses as human beings forpurposes of criminal Homicide (since the death of a fetus is the subject matter of the law of abortion and feticide). Thus, Appendix 1 The Legal Environment of the Coroner s Work - 1-155 Appendix 101 The Law of Homicideif the dead human being is a small baby, we must first determine that the baby was born alive and that the umbilical cordwas severed in order for that baby to have an independent existence (which was then terminated by the act of anotherhuman being). Terminating the life of a fetus is not a criminal Homicide , but rather, is an abortion or feticide which maybe lawful or criminal depending upon the circumstances. A similar difficulty arises in the unusual circumstance wherea person dies of natural causes and then a would-be killer inflicts a wound on the corpse. The would-be killer certainlyintended to commit a Homicide (that is, to kill another human being), but could not do so for the simple reason that theintended victim was already dead.

5 Merely causing physical damage to a cadaver is not a Homicide (but is the crime ofabuse of a corpse) because there is no living human being to kill, and the act may or may not be criminal depending uponthe circumstances. Sometimes investigators discover the physical remains of what appears to be a human being, but theremains are so badly decomposed or otherwise distorted (as by burning in a very hot fire, or dismemberment into manysmall pieces) that they are not easily identifiable as human remains. We must first find convincing evidence (typicallyfrom forensic pathologists and forensic anthropologists) that the remains were indeed human, that the human was alivewhen the lethal act was performed, and that the act of another human being caused the that a person is inattentive in city traffic, steps of a curb without looking, and is struck and killed by a citybus. The victim is dead, and the killing is a Homicide because the cause of death is the act of another human being, thebus driver, who ran over the victim.

6 Suppose that a police officer lawfully orders a fleeing felon to halt, but that the feloninstead turns and discharges a firearm at the police officer. The officer returns fire and kills the felon. The felon is deadand the killing is a Homicide because one human being has killed another human being. Suppose an armed robber entersthe "Stop and Rob" convenience store and in the course of the robbery shoots and kills the clerk. The clerk is dead andthe killing is a Homicide because the death was caused by the act of another human we have determined that a previously living human being in now dead, we must inquire into the cause of death. If the death was not caused by the act of another human being, we are no longer interested (at least from the viewpointof criminal law). If the death was probably caused by the act of another human being, we will label the death a " Homicide "and then inquire into what kind of Homicide it might be: justifiable, excusable, or HomicideJustifiable homicides are killings which are commanded or authorized by killings of one human being by another human being are authorized or commanded by law.

7 For example, the killingof an enemy soldier in combat by another soldier is a Homicide , that is, one human being has killed another human being. However, it is a justifiable Homicide because the soldier is both authorized and obligated by law to kill under thecircumstances of combat. Some killings of one human being by another human being are justifiable Homicide because theyare ordered by a court. Whenever a condemned murderer is to be executed, a court must order the execution and someperson must, acting under the command and authorization of the court order, kill the condemned person (by electrocutinghim, introducing poison gas into a chamber, shooting or hanging him, or injecting him with poison). Some killings of onehuman being by another human being are authorized by law because of the peculiar circumstances of the killing. Supposea person awakens in his own bedroom to discover a stranger present. The stranger is apparently armed with a deadlyweapon and is offering to kill the homeowner in his bed.

8 The homeowner reaches into his night stand, removes a pistol,and shoots the intruder dead. This is a Homicide , because one human being has killed another human being, but it is ajustifiable Homicide because killings in self-defense when the killer reasonably fears for his life and has no reasonablealternative but to use deadly force are authorized by the killer has no criminal intent, and the killing occurs under circumstances where killings of other human beingsare either commanded or authorized by law, the killing is called a justifiable HomicideExcusable homicides are killings of human beings which are not deserving of 1 The Legal Environment of the Coroner s WorkAppendix 101 The Law of HomicideSome killings of one human being by another human being, although not commanded or authorized by law, arenonetheless killings for which we do not wish to punish the killer. Such killings are termed excusable homicides.

9 Typically, excusable homicides are killings which result from accident or inadvertence, or they are killings done bypersons who lack the capacity to commit crimes (such as very young children or persons who are legally insane).Suppose two professional boxers are engaged in a licensed boxing match. One boxer strikes the other who collapsesin the ring and dies. The surviving boxer did not mean to kill his opponent, merely to strike him within the rules of theboxing contest. This killing is certainly a Homicide , that is, the act of one human being has caused the death of anotherhuman being. This killing is certainly not a justifiable Homicide because the killing of one boxer by another in the prizering is not commanded or authorized by law. Such a killing is, however, an excusable Homicide because it is a killing byinadvertence and without criminal intent on the part of the that you are driving your automobile down a city street on a bright, dry day.

10 You are obeying all traffic rulesand you are attentive to your driving. Suddenly, a small child runs from between parked cars just a few feet from yourfront bumper. Despite your best efforts, your car strikes and kills the child. You have committed a Homicide because youract of driving your car into the child caused the child's death. The Homicide is certainly not a justifiable Homicide becausethe law does not command or authorize you to run over children with your car. It is, however, an excusable homicidebecause it is a killing by accident without criminal intent and without criminal HomicideA criminal Homicide is any unjustified, unexcused killing of one human being by another human criminal Homicide is any killing of one human being by another human being which is not justifiable and not excusable. Criminal homicides may be intentional killings or killings by accident or killings which result from criminal negligencedepending upon the circumstances of the killing and the state of mind of the killer.