DEFINITION (See, MPCSection: 210.1)
Homicide is generally defined as the killing of a human being. An act resulting in death is always required, unless there is a duty of care, in which case an omission may constitute homicide.
A. Killing One kills another by causing a premature end to another’s life. Even a dying person may be killed if his remaining life span is at all shortened.
B. Human Being (See, MPCSection: 210.0(1))
Beginning Most states follow the common law rule that the object of a homicide must have been born alive and be viable, so that it is capable of an independent existence.
End Originally, death was defined as cessation of heart beat and breathing. Presently, due to medical advances, death is defined as the absence of brain activity.