GN 00304: Proof of Death
TN 16 (09-11)
A. Exclusions for classification of homicide
Exclude the following cases from intentional homicide:
homicides which are the result of an accident;
homicides where the killing is the result of self defense; or
homicides when the claimant was insane, or under the influence of drugs or alcohol (to the extent that he or she was unaware of the nature and consequences of the act) when he or she killed the number holder.
B. List of offenses and rules for intent
Conviction |
Rule of Intent |
---|---|
First degree murder |
intent conclusively presumed. |
Second degree murder |
intent presumed, but may be rebutted. |
Third degree murder |
lack of intent presumed, but may be rebutted. |
Involuntary manslaughter |
|
Voluntary manslaughter |
NOTE: If State law does not distinguish between voluntary and involuntary manslaughter, follow the steps for voluntary manslaughter. |
NOTE: There is no special development required to seek evidence that rebuts a presumption. However, if a record or information (e.g., a precedent case, or opinion) is available, that shows one of the stated presumptions is erroneous in a particular jurisdiction, we disregard the presumption.