Answer to Question 1
Answer: A criminal homicide must be the proximate result of the criminal act, and cannot be so remote that it is not the natural and probable consequence of the criminal act. Other time limits that may be established by statute, and how some states have abolished a time limit altogether as long as a causal connection can be established between the criminal act and resulting death. Discuss how sometimes death occurs after the fatal injury, and in some cases, homicide prosecution under common law require that the death of the victim within a year and a day from the time that the ultimately fatal act took place. This term is referred to as the year-and-a-day rule. The rule is based on the belief that proof of causation becomes more difficult with the passage of time, which can result in potentially unjustified prosecutions and convictions.
Answer to Question 2
Answer: The following must be in the answer:
a. Murder
i. heat of the moment
1. Once the heat of the moment has ended it is the thought that the accused has had sufficient time to cool his or her temper.
ii. Premeditation
iii. Act of homicide
b. Voluntary manslaughter
i. heat of the moment
ii. Act of homicide
1. The act of voluntary manslaughter must be committed during the heat of the moment to stand in court.
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