Homicide Flashcards
What is Homicide?
The killing of one human being by another
Homicide is the Actus Reus of:
Murder and Manslaughter
Is any means stated within “A killing”?
No
What constitutes “of one human being” - Begins?
1) Born alive 2) take sits first breath, and 3) has a circulatory system independent of its mother
What constitutes “of one human being” - Ends?
Brain death
What is Actual Cause? How is Actual Cause determined?
Actual cause is the cause-in-fact, the “but-for” cause.
Determined by the 1) But-For test, or 2) Substantial factor test (if multiple defendants were each sufficient to cause victims death)
Within “by another”, are pre-existing conditions taken into account?
No, “defendants take their victims as they find them”
What is Direct Proximate Cause?
Direct Cause - No intervening acts between defendant’s act and victims death. Defendant is the Direct Proximate Cause if the victim’s death is the natural and probable result of defendant’s actions.
What is Indirect Proximate Cause?
Indirect cause. There are intervening acts between defendant’s actions and victim’s death. Defendant is the Indirect Proximate Cause if the intervening acts are Foreseeable.
Are suicides allowed under “by another”?
No, must be by defendant
What are the two types of Proximate Cause?
Direct and Indirect
What is the year and a day rule?
The year and a day rule is a common law doctrine which precludes an indictment for murder where the death occurred a year and a day after the injury.
What are the two types of causation?
Actual and Proximate
