Homicide Flashcards
What is homicide?
the unlawful killing of another with malice aforethought
What are the elements of a homicide offense?
1) Death
2) Human Being
3) Causation
What is death?
the irreversible cessation of heart and lung function OR the irreversible cessation of brain function
What is a human being?
requires being born alive - a breath or heartbeat at birth, even if only momentarily
What instances can establish common law murder?
intent to kill, intent to inflict great bodily harm, depraved heart, felony murder
What is common law depraved heart murder?
the circumstances of the killing show that D acted with disregard for the value of human life
What establishes one’s intent to kill?
D acted purposely or knowingly
What establishes one’s intent to inflict great bodily harm?
D acted recklessly
