Category Archives: Homicide
The Four Words That Decide Everything: Why Intent Is the Battleground in Most New York Homicide Trials
What separates murder from manslaughter when the outcome, a person’s death, is identical either way? The answer almost always comes down to intent. New York homicide trials rarely turn on whether someone caused another person’s death. They turn on what that person was thinking, or failing to think about, in the moments leading up… Read More »
Twelve Strangers, One Room: How a Grand Jury Actually Decides Murder, Manslaughter, or Nothing at All
Ever wonder what actually happens behind the closed doors of a grand jury room before someone gets charged with murder, a lesser homicide, or nothing whatsoever? The short answer is that grand jurors are working with a lower evidentiary bar than a trial jury, and their decision often comes down to which specific charge… Read More »
What is New York’s Felony Murder Rule?
In its most basic sense, New York’s felony murder rule comprises a scenario whereby, in the course of a felony, a homicide occurs. With certain prerequisites, the individual who had committed the underlying felony may also be charged with the resulting homicide. New York Penal Law 125.25(3) officially defines this charge: a person is… Read More »
Difference Between Homicide, Murder, and Manslaughter
In New York, the term homicide is used to cover murder charges, manslaughter charges, criminally negligent homicide, vehicular homicide and felony murder. In other words, homicide is an umbrella for the aforementioned types of charges and so we’ll dive into each of the types of charges below. What is Murder? Murder in New York… Read More »