General Rule
General Rule of Homicide: a homicide is the killing of a living human being by another human being.
Required Elements
- Actus Reus — conduct by ∆:
- Affirmative act, OR
- Omission upon a legal duty.
- Mens Rea — varies by offense:
- Intent to kill (with or without P&D),
- Intent to do serious bodily injury,
- Depraved heart (extreme recklessness),
- Intent to commit a felony (felony murder).
- Causation — ∆'s conduct must legally cause the death of a living human victim. See Ch. 4—Causation.
- Year-and-a-Day Rule (minority jurisdictions): death must occur within a year and a day after the conduct that caused the fatal injury.
Mens Rea Hierarchy by Severity
- Murder — purposeful/knowing, intent to do GBI, or depraved heart.
- Voluntary Manslaughter — intentional killing in heat of passion, with adequate provocation, before cooling time.
- Involuntary Manslaughter — recklessness or criminal negligence.
See Murder and Manslaughter.