A wrongful death is a murder that occurred without premeditation or intent. Although a death is generated, the circumstances of the person who kills and the factors involved separate the concepts of homicide and murder.
Homicide is defined as accidental or voluntary, but the terminology varies for each type of homicide. A homicide is considered to qualify as murder when it was intentional, possibly planned, because the intention was to interfere with the other person's life to cause death. Another term for murder is intentional or gross homicide.
On the other hand, a reckless or negligent homicide, also called involuntary homicide, is one that happens accidentally because the active actor (the murderer) had no intention or predetermination to murder the passive actor.
Criminal treatment of reckless homicide
The treatment of wrongful death varies according to the laws of each country. Although there is consensus that it is a homicide, the criminal treatment and legal charges may vary according to the legislation and circumstances.
Intentional homicide is usually considered less serious because the circumstances during a murder require premeditation and intent; in reckless homicide, it was the circumstances that led to the murder, making it unintentional.
In North American law, a homicide is classified as reckless if, for example, a pedestrian unintentionally jumps into the street and a vehicle runs over him, causing him death.
It counts as a homicide because there was a death, but it was reckless because it did not have a predetermination but rather happened due to an unforeseen consequence. The same case is categorized as wrongful death under Scottish law.
Another similar case would be that of someone cleaning a gun, who misses a shot and kills another person.
The murder was not voluntary and it could even be argued that it was the murderer's fault for standing in front of the person cleaning the gun, similarly to the previous case in which the pedestrian crossed the road leaving the driver unable to avoid the accident.
Without the actions of the victim in these two cases, the criminal figure is not configured, since the passive actor (the person who died) has also participated in the guilt of his own death.
In any case, there must always be a cause-effect relationship between guilty behavior and death, and each case is unique.
Characteristics of penalties
For reckless, negligent, culpable, or unintentional homicides, the penalties tend to be the same (worst-case scenario) or less than those for intentional or intentional homicide.
But even the classification of the types of homicide and its punishments vary from country to country according to jurisdiction; sometimes they might even get upset.
References
- eHow - Difference between murder and wrongful death ehowenespanol.com
- The Guide - Wrongful death law.laguia2000.com
- Flaxman Law Group - Wrongful Death Lawsuits attorney.flaxmanlaw.com
- Wikipedia - Homicide en.wikipedia.org
- Academia.edu - Crimes committed by the traffic of vehicles academia.edu