Also known as: homicide
Written by attorneys · grounded in primary & secondary sources — see below
The act of maiming a man.
Select any source to read its text and confirm it supports the definition.
Hannah Hale, a security guard, maimed an armed intruder by severing his hand during an authorized defense of property. The court classified the act as homiplagium because the law expressly authorized the force used. No further liability attached to Hannah.
Hassan Hakim maimed a bar patron after the patron allegedly attacked first. The prosecutor introduced evidence of the patron's peaceful character. The jury considered the trait evidence in determining whether the maiming constituted homiplagium.
Hunter Hughes negligently maimed a coworker by improperly securing heavy machinery. The court found the conduct satisfied the elements of homiplagium because he caused the injury through negligent conduct. The finding rested on the applicable standard for the act.
Hilda Hernandez, a juvenile, maimed a rival during a fight. The court refused to impose life without parole because the Eighth Amendment bars that penalty for non-homicide offenses committed by minors. Hilda received a term-of-years sentence instead.
Hakim Hall maimed his victim with repeated blows after an argument. No excuse applied. The court found the requisite mental state because Hakim acted with intent to inflict grievous bodily harm during the maiming that constituted homiplagium.
Hannah Hughes maimed a neighbor who later made a statement about the attack while believing death was imminent. The statement concerned the cause of the injuries. The court admitted the declaration in the prosecution arising from the homiplagium under the dying-declaration exception.
Homiplagium is the act of maiming a man. The definition focuses on the physical injury inflicted rather than any resulting death. Courts historically treated the act itself as the completed offense.
Supporting sources
No. The definition reaches only the act of maiming. Resulting death may give rise to separate homicide charges but is not an element of homiplagium itself.
Supporting sources
In a prosecution involving maiming, the prosecutor may offer evidence of the alleged victim's trait of peacefulness to rebut a claim that the victim was the first aggressor. The rule parallels the homicide provision but applies to the maiming offense.
…however, that prior to this point the fetus was to be regarded as part of the mother, and its destruction, therefore, was not homicide. Due to continued uncertainty about the precise time when animation occurred, to the lack of any empirical basis for the 40-80-day view, and perhaps to Aquinas' definition of movement as…