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Unformatted text preview: There exists the requirement that the victims death was the natural and probable consequence of another persons unlawful act. The actual dead body is not required. Defining Death It is central in a homicide cases to establish that death has actually occurred Brain Death Death determined by a flat reading on a EE, usually a 24 hour period or by another medical criteria. Time of death Death may occur some time after the fatal injury Year and a day rule: a common law requirement that homicide prosecutions could not take place if the victim did not die within a year and a day from the time that the fatal act occurred. Jurisdictions vary in their handling of the situation CA -has extended the time limit to three years and a day NC -the relevant date is the date upon which victim dies Some states (but very few) use the yea and a day rule....
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- Spring '09