chapter 10 criminal law.docx - 1.Corpus delicti means the body of the crime It must be proved by the prosecution before a defendant can be convicted of

chapter 10 criminal law.docx - 1.Corpus delicti means the...

This preview shows page 1 - 2 out of 2 pages.

1.Corpus delicti means the body of the crime. It must be proved by the prosecution before a defendant can be convicted of a crime. 2. The year- and-a-day rule was adopted as a rule of causation in homicide cases. A death beyond that period was not “caused” by the criminal acts. Today, medical science makes proving the connection between actions and a resulting death much easier and clearer, so most states had dropped the year-and-a-day rule. 3. The “born alive” requirement under the common law excluded the death of unborn children as murder. Many states have dropped the requirement, and make the death of an unborn child a crime separate from murder. In those states that still have the requirement, a fetus must by born “alive”, that is, show some signs of brain function, before its death can be murder. 4. Under the doctrine of transferred intent, the intention formed by the perpetrator of a homicide as to an intended victim is “transferred” to the killing of an unintended victim, thereby satisfying the intent requirement of the applicable homicide statute.

  • Left Quote Icon

    Student Picture

  • Left Quote Icon

    Student Picture

  • Left Quote Icon

    Student Picture