Chapter 8 notes

Chapter 8 notes - There exists the requirement that the...

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Chapter 8 ----------------- Justifiable Homicide Homicide that is permitted under the law A killing justified for the good of society The killing of another in self-defense when danger of death or serous bodily harm exist the killing of a person according to ones duties or of necessity but without blame. Excusable homicide Killing in a manner that the criminal law does not prohibit Homicide that may involve some fault but is not criminal homicide. Criminal Homicide The purposeful, knowing, reckless, or negligent causing of the death of one human being over another. Murder the unlawful killing of a human being with malice a for thought. There may be various degrees. Manslaughter the unlawful killing of a human being without malice. Corpus delicti In criminal homicide, corpus delicti consist of the death of a human being and the fact that the death was caused by a criminal act or agency of another person.
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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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