What is Homicide?
Homicide is the killing of one human being by another either lawfully or unlawfully. Homicide includes murder and manslaughter, which are unlawful, and the acts of excusable and justifiable homicides, which are lawful.
What is Manslaughter?
76-5-205. Manslaughter.According to Utah Criminal Code, Manslaughter is:
(1) Criminal homicide constitutes manslaughter if the actor:
(a) recklessly causes the death of another;
(b) commits a homicide which would be murder, but the offense is reduced pursuant to Subsection 76-5-203(4); or
(c) commits murder, but special mitigation is established under Section 76-5-205.5.
(2) Manslaughter is a felony of the second degree.
What is Considered Murder?
76-5-203. Murder.According to the Utah Criminal Code, Murder is:
(1) As used in this section, "predicate offense" means:
(a) a violation of Section 58-37d-4 or 58-37d-5, Clandestine Drug Lab Act;
(b) child abuse, under Subsection 76-5-109(2)(a), when the victim is younger than 18 years of age;
(c) kidnapping under Section 76-5-301;
(d) child kidnapping under Section 76-5-301.1;
(e) aggravated kidnapping under Section 76-5-302;
(f) rape of a child under Section 76-5-402.1;
(g) object rape of a child under Section 76-5-402.3;
(h) sodomy upon a child under Section 76-5-403.1;
(i) forcible sexual abuse under Section 76-5-404;
(j) sexual abuse of a child or aggravated sexual abuse of a child under Section 76-5-404.1;
(k) rape under Section 76-5-402;
(l) object rape under Section 76-5-402.2;
(m) forcible sodomy under Section 76-5-403;
(n) aggravated sexual assault under Section 76-5-405;
(o) arson under Section 76-6-102;
(p) aggravated arson under Section 76-6-103;
(q) burglary under Section 76-6-202;
(r) aggravated burglary under Section 76-6-203;
(s) robbery under Section 76-6-301;
(t) aggravated robbery under Section 76-6-302; or
(u) escape or aggravated escape under Section 76-8-309.
(2) Criminal homicide constitutes murder if:
(a) the actor intentionally or knowingly causes the death of another;
(b) intending to cause serious bodily injury to another, the actor commits an act clearly dangerous to human life that causes the death of another;
(c) acting under circumstances evidencing a depraved indifference to human life, the actor engages in conduct which creates a grave risk of death to another and thereby causes the death of another;
(d) (i) the actor is engaged in the commission, attempted commission, or immediate flight from the commission or attempted commission of any predicate offense, or is a party to the predicate offense;
(ii) a person other than a party as defined in Section 76-2-202 is killed in the course of the commission, attempted commission, or immediate flight from the commission or attempted commission of any predicate offense; and
(iii) the actor acted with the intent required as an element of the predicate offense;
(e) the actor recklessly causes the death of a peace officer while in the commission or attempted commission of:
(i) an assault against a peace officer under Section 76-5-102.4; or
(ii) interference with a peace officer while making a lawful arrest under Section 76-8-305 if the actor uses force against a peace officer;
(f) commits a homicide which would be aggravated murder, but the offense is reduced pursuant to Subsection 76-5-202(3); or
(g) the actor commits aggravated murder, but special mitigation is established under Section 76-5-205.5.
(3) Murder is a first degree felony.
(4) (a) It is an affirmative defense to a charge of murder or attempted murder that the defendant caused the death of another or attempted to cause the death of another:
(i) under the influence of extreme emotional distress for which there is a reasonable explanation or excuse; or
(ii) under a reasonable belief that the circumstances provided a legal justification or excuse for his conduct although the conduct was not legally justifiable or excusable under the existing circumstances.
(b) Under Subsection (4)(a)(i) emotional distress does not include:
(i) a condition resulting from mental illness as defined in Section 76-2-305; or
(ii) distress that is substantially caused by the defendant's own conduct.
(c) The reasonableness of an explanation or excuse under Subsection (4)(a)(i) or the reasonable belief of the actor under Subsection (4)(a)(ii) shall be determined from the viewpoint of a reasonable person under the then existing circumstances.
(d) This affirmative defense reduces charges only as follows:
(i) murder to manslaughter; and
(ii) attempted murder to attempted manslaughter
Punishment for a Murder Conviction
Consequences for the conviction of Murder may potentially include:
- Up to life imprisonment
- Life in prison with or without parole
- Death penalty
- Significant fines
- Other
Determining Punishment
Likelihood of any of the above consequences depends upon the following factors:
- Prior similar convictions
- Any other prior convictions
- Currently on probation or parole
- Attitude of community and court toward this type of crime
- Degree of media attention on case
- Mitigating/aggravating circumstances
- Other
Defense of a Murder Charge
Defenses for Murder may potentially include:
- Defense of others (loved ones)
- Insufficient evidence
- Factual innocence
- Self defense
- Insanity/Battered woman
- Other
What can You Do to Improve the Outcome of Your Case?
- Gather documentation of your good character (reference letters, employment history, community service, etc.)
- Exercise your right to remain silent
- Retain qualified counsel as soon as possible
- Keep a diary of all significant events and potential witnesses (this information will help your attorney prepare the best possible defense)
- DO NOT investigate your own case
What can We Do to Help?
- Early preparation, including legal research and defense identification
- Early investigation and identification of all facts helpful to your defense
- Interview police to minimize or eliminate the case
- Interview the prosecutor to minimize or eliminate the case
- Interview all witnesses
- Reduce or eliminate bail requirements
- Provide emotional support to loved ones and ensure that they are continually updated as to the status of your case
- In appropriate cases, negotiate alternatives to jail
- Obtain an evaluation report from court approved psychologist (to show counseling may be a better alternative to jail)
- Coordinate a private lie detector test
- Develop appropriate motions to dismiss the case
- Develop appropriate motions to suppress evidence
