Lexi's Big Word Adventure

Homicide is defined as the unlawful, meaning unjustified, taking of another person’s life. There are two primary types of homicide: murder and manslaughter. Murder does not have a single, simple definition that clearly separates it from other forms of killing. In general terms, murder is the unlawful and unjustified killing of another human being. To secure a murder conviction, the prosecution must prove several essential elements. First, there must be an actus reus. This means the defendant must have engaged in conduct, either by committing an affirmative act or by failing to act when there was a legal duty to do so. Second, the prosecution must establish the corpus delicti of the crime. This requires proof that the victim actually died, as the death of the victim is the core of the crime of murder. The prosecution does not need to produce the victim’s body to prove death. Like other elements of a crime, death may be established through circumstantial evidence. Third, the prosecution must prove the required mens rea, or mental state. Although this mental state is often referred to as “malice aforethought,” that phrase is a legal term of art rather than a precise description. The requirement may be satisfied by showing any one of several mental states. In most jurisdictions, and for purposes of the bar exam, these include an intent to kill, an intent to cause grievous bodily injury, a reckless indifference to the value of human life (often called a “depraved heart”), or an intent to commit certain dangerous non-homicide felonies. Finally, the prosecution must prove proximate cause. The defendant’s act or omission must be causally connected to the victim’s death. This means the defendant’s conduct must be both the cause in fact and the proximate cause of the death. In many jurisdictions, the common-law year-and-a-day rule still applies in murder cases. Under this rule, the victim’s death must occur within one year and one day of the defendant’s act or omission.