Although the categorization of criminal homicides somewhat varies from state to state, they typically fall into four major categories, which are justifiable homicide, exusable homicide, murder, and manslaughter. The first category of criminal homicides, which is justifiable homicide, applies to "self-defense, defense of others, defense of the home, and police use of deadly force" (Lippman, 2015). The exusable homicide type is determined as "murder committed by individuals who are considered to be legally insane, by individuals with a diminished capacity, or by infants" (Lippman, 2015). The category of murder includes all homicides which do not fall into the categories of 'justified' or 'excused'. The fourth major type of criminal homicides, which is referred to as manslaughter, covers all homicides committed without premeditated malice but that are, in the meantime, neither excused nor justified.
In my opinion, one of the most controversial cases regarding criminal homicide is Malaske v. State decided by the Court of Criminal Appeals of Oklahoma in 2004. The defendant was found guilty of second-degree felony for providing alcohol beverages to his underage sister, which led to alcohol poisoning and caused the death of a girl under the legal age. The jury set punishment at ten years imprisonment, and the trial judge sentenced John Malaske accordingly.
The fundamental controversy associated with this case lies in the fact the defendant's actions "did not constitute the crime of second-degree felony murder" (Court of Criminal Appeals of Oklahoma, 2004). However, John Malaske was convicted for murder in the second degree. Considering that the crime was committed without premeditated malice, it should not fall into the category of murders. Therefore, in my opinion, this case should be classified as 'manslaughter' due to the absense of premeditated malice aforethought.
References
Lippman, M. R. (2015). Homicide. In Contemporary criminal law: Concepts, cases, and controversies. Thousand Oaks, CA: Sage Publications.
Malaske v. State (Court of Criminal Appeals of Oklahoma April 21, 2004), 2002 U.S. Case Law F.
