A store owner shoots at a robber, misses, and kills an innocent bystander. Would this be classified as a criminal homicide?
Possibly. Criminal homicide is either murder and nonnegligent manslaughter or manslaughter by negligence. Law enforcement personnel must determine if the incident was manslaughter by negligence or an accidental death based on the facts of the investigation. If the law enforcement agency determines the incident was manslaughter by negligence, that is the only offense the agency should report, pursuant to the Hierarchy Rule. If the law enforcement agency determines the incident was an accidental death, the agency must report only the robbery to the national UCR Program. (Accidental deaths are not collected in the UCR Program.) How would the following be classified? A homeowner returns home and surprises a burglar. The burglar physically attacks the homeowner, steals his property, and flees. Based on the facts that the homeowner was physically attacked and his property stolen, law enforcement officials must classify the incident as a robbery. Given the same set of circumstances, with the
