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  • Homicide Flow-Chart v1-2019

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    dominique june
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    This flow chart outlines the process for determining the appropriate homicide offense for a death. It begins by assessing whether the act causing death was dangerous and unlawful. If the death occurred during the commission of a felony, it is considered felony murder. Otherwise, it evaluates factors like the offender's intent, whether the victim was a person, the level of recklessness, and whether negligence was involved to determine if the offense constitutes murder, manslaughter, or another option.

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    This flow chart outlines the process for determining the appropriate homicide offense for a death. It begins by assessing whether the act causing death was dangerous and unlawful. If the death occurred during the commission of a felony, it is considered felony murder. Otherwise, it evaluates factors like the offender's intent, whether the victim was a person, the level of recklessness, and whether negligence was involved to determine if the offense constitutes murder, manslaughter, or another option.

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    © All Rights Reserved
    Download as PPTX, PDF, TXT or read online from Scribd
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    59 views1 page

    Homicide Flow-Chart v1-2019

    Uploaded by

    dominique june
    This flow chart outlines the process for determining the appropriate homicide offense for a death. It begins by assessing whether the act causing death was dangerous and unlawful. If the death occurred during the commission of a felony, it is considered felony murder. Otherwise, it evaluates factors like the offender's intent, whether the victim was a person, the level of recklessness, and whether negligence was involved to determine if the offense constitutes murder, manslaughter, or another option.

    Copyright:

    © All Rights Reserved
    Download as PPTX, PDF, TXT or read online from Scribd
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    of 1

    Was the Act Causing the Death Dangerous

    START HERE Deceased Victim (Likely to endanger human life)?


    Was the Offender Committing an Unlawful Purpose? YES MURDER
    Was it Separate/Distinct from the Dangerous Act?
    Was the Offender in the Prosecution of Such Purpose?
    Has the Offender Killed the Victim? FELONY MURDER
    No Offence NO
    (Chain of Causation) NO

    NO
    YES

    If so, did any of the following apply?


    No Offence NO Was the Killing Unlawful? Did the Offender do the Act with Intent to • Diminished Responsibility
    Kill or do GBH to any Person? YES • Provocation
    YES MURDER WITH INTENT • Victim of Abusive Domestic
    Relationship
    Consider Offences: NO
    Killing Unborn Child; or NO
    Is the Victim a Person?
    (Consider definition of when a child becomes a human being) YES
    Attempt to Procure Abortion
    YES Was death caused with reckless indifference to VOLUNTARY MANSLAUGHTER
    human life (foreseeable & probable)?
    Matter is a Homicide MURDER BY RECKLESS INDIFFERENCE
    YES

    MURDER
    NO

    Murder or Manslaughter? Was the Death Caused by a Deliberate Act of Violence


    Without Intent to Kill or do GBH
    COURSE OF VIOLENCE
    YES

    NO INVOLUNTARY MANSLAUGHTER

    YES
    Was the Death Caused by a Negligent Act or Omission?
    • Duty of Care Exists
    HOMICIDE FLOW CHART • Duty of Care Breached NO Consider Other Options
    • Breach to Criminal Standard?
    CRIMINAL NEGLIGENCE

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