Murder vs Manslaughter: Difference and Comparison

Many different types of violence go into making up Murder and Manslaughter. Murder is defined as the unlawful killing of another human being with evil intent. Manslaughter is a criminal offence of harming a human being without evil intent.

Both Murder and non-negligent Manslaughter are also called homicides. However, they are exceptionally different from each other.

Key Takeaways

1. Murder is the intentional killing of another person with malice aforethought, while manslaughter is killing another person without malice aforethought.
2. Murder is a premeditated and deliberate act, while manslaughter can be committed in the heat of passion or through negligence.
3. Murder carries a higher degree of punishment than manslaughter.

Murder vs Manslaughter

Murder is the unlawful, planned killing of a human being by another person, and it can also be used to describe the act of killing someone. Manslaughter is a crime where a person kills another person without malice or in circumstances that would not have led to murder. It is less culpable than murder based on the law.

The word Murder is an umbrella term for any death caused by either a willful act or an accident. Moreover, there was an intent to cause the death of a person.

For example, in most cases, the most common type of murder is with weapons used for murder, firearms, followed by knives, blunt objects, and poisoning.

Manslaughter is also called “non-negligent manslaughter” or “involuntary manslaughter,” where it is described as an act resulting from extreme force or lack of control on the part of the accused or unknowingly causing death.

As a result, there was no intent to cause death to the accused victim.

Comparison Table

Parameters of Comparison	Murder	Manslaughter
Definition	Murder is the unlawful killing of another person with a willful act.	Manslaughter is the unlawful killing of another person without a willful act.
Second Name	It is also called voluntary homicide.	It is also called “non-negligent manslaughter” or “involuntary manslaughter.”
Damage	It can cause severe damage or death.	It causes less severe damage.
Intention	There is intent to cause death.	There is no intent to cause death.
Penalty	The penalty can be unacceptable or worse.	The penalty can be less for involuntary actions.

What is Murder?

Murder is the unlawful killing of another person. Moreover, this is described as an act that cannot be linked to malice. That is, the person consciously disregarded the risk of causing someone’s death.

The most common type of murder is involved in firearm-related homicides. The majority of murders are committed with firearms, followed by knives, blunt objects, and poisoning. However, the murder rate varies greatly from country to country.

Murder or Voluntary homicide can be either accidental or negligent. Moreover, in terms of degrees, murder can be classified as intentional first-degree murder, which is punishable by capital punishment.

First-degree murder involves a deliberate and premeditated killing, such as a brutal double homicide or premeditated contract killing.

It’s further broken down into specific categories of murders that have been given special names, such as felony murder, where one doesn’t have to physically kill the victim for the crime to be considered first-degree murder.

Murder is referring to the killing of some other person by some means. Moreover, it is mostly used to describe people who purposefully attack some other human being.

A person’s guilt in a homicide or Murder can be proved through circumstantial evidence, such as eyewitness accounts and physical evidence.

What is Manslaughter?

Manslaughter is a criminal offence that falls under the umbrella of homicide. The penalty for committing this crime can vary from 3-7 years imprisonment, depending on where it takes place, and the weapon used.

Different laws govern the different types of manslaughter. However, from a legal point of view, determining whether a homicide was accidental or intentional requires a thorough examination.

The law requires that “malice aforethought” be proven, which can be done through an analysis of the mindset and actions of the accused. This is where things could get complicated.

Responsible manslaughter is a critical category and must be distinguished from intentional second-degree murder and voluntary manslaughter.

Manslaughter charges are very serious charges.

If it so happens that when someone has committed one, then the best person to consult with is a professional barrister or solicitor who can inform the best options for them and prepare a defence for a person depending on their situation.

Moreover, they will help argue for freedom. It is most important to have a lawyer on the accused person’s side so that they can help them and decide on the charges.

Main Differences Between Murder and Manslaughter

1. Murder is the unlawful killing of another person with a willful act, whereas, Manslaughter is the unlawful killing of another person without a willful act.
2. Murder is also called homicide or voluntary homicide, whereas, Manslaughter is “non-negligent manslaughter” or “involuntary manslaughter.”
3. Murder mostly can cause severe damage or death, whereas, Manslaughter mostly can cause less damage.
4. Murder is an act where there was an intent to cause death, whereas Manslaughter is an act where there was no intent to cause death.
5. The penalty or punishment for committing Murder can be unacceptable or worse, whereas the penalty or punishment for committing Manslaughter can be acceptable or less due to involuntary actions.

References

1. https://link.springer.com/article/10.1023/A:1007592124641
2. https://books.google.com/books?hl=en&lr=&id=aREUCgAAQBAJ&oi=fnd&pg=PR7&dq=+Murder+and+Manslaughter&ots=spih7vy9gt&sig=2i4AecFnlmZDe47QGatg8C8cGTo

Last Updated : 13 July, 2023