If killing a fetus is homicide than why is not, why is it that even in dictionarys and law books and it is not deemed homicide? anyone up for grabs and no religion BS straight facts..
Defintion of homicide as defined in law, wikipedia and webster dictionary....
homicide is the unlawful killing of a human person (YES HUMAN PERSON READ DEFINITION BELOW)with malice aforethought. homicide is generally distinguished from other forms of homicide by the elements of malice aforethought and the lack of lawful justification. All jurisdictions, ancient and modern, consider it a most serious crime. Most jurisdictions impose a severe penalty for its commission.
Sometimes the term homicide is used by laypersons to describe what is really another form of homicide. homicide is a type of homicide, and relatively few homicides are murders in law. Also, police will often call their investigation into a homicide a homicide investigation in order not to prejudice any findings of the investigation, possible charges that could be laid, or any conviction of an offender. However, the crime will normally be identified as a homicide once there is sufficient evidence to indicate that a homicide is the more likely crime than any other.
Legal Analysis of homicide
To repeat, at common law homicide is defined as the unlawful killing of a human person with malice aforethought. Malice aforethought exists if the defendant acts with any of the following states of mind:
(i) Intent to kill; (ii) Intent to inflict serious bodily harm; (iii) Reckless indifference to an unjustifiably high risk to human life (abandoned and malignant heart); or (iv) Intent to commit a felony (felony-homicide doctrine).
Under element (i) intent to kill, the deadly weapon rule applies. Thus, if the defendant intentionally uses a deadly weapon or instrument against the victim, such use authorizes a permissive inference of intent to kill. An example of a deadly weapon or instrument is a gun, a knife, or even a car when intentionally used to strike the victim.
Under element (iii) abandoned and malignant heart, the killing must result from defendant's conduct involving a reckless indifference to human life and a conscious disregard of an unreasonable risk of death or serious bodily injury.
Under element (iv) felony-homicide doctrine, the felony committed must be an inherently dangerous felony, such as burglary, arson, rape, robbery or kidnapping. Importantly, the underlying felony cannot be a lesser-included offense such as assault, otherwise all homicides would be homicide as all homicides are felonies.
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So if homicide is harming, killing a person with intent or premediated what is a person?
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Defintion of person as defined in law, wikipedia and webster dictionary....
The classical definition of a person is "a human being regarded as an individual."[1] In modern usage, the term "person" is subject to dispute and re-interpretation based on alternate definitions. This is especially so for uses that are not necessarily synonymous with the classical definition of human or human being.
For example, in many jurisdictions a corporation may be treated as a "person" under the law. In the fields of philosophy, theology, and bioethics, the definition of 'person' may exclude human beings who are incapable of certain kinds of thought (such as embryos, fetuses with incomplete brain development, or adult humans lacking higher brain functions).[2][3]
These alternative definitions of what constitutes a "person" include a wide and varying range of alternative defining characteristics, some of which have evolved historically, and continue to shift with time and social context. Some other characteristics used to define a 'person' include personal identity,[4] self-awareness, individuality, and a sense of self that persists through time. Other views centre around the degree to which properties such as agency (both human agency and moral agency) and rights are recognized and acknowledged in society or enforcable by law. The recognition of status as a person is known as personhood.