The prosecution is still gathering evidence, but this is what we know for now.

Talia has been arrested for the death of her sister Carmen. The prosecution is still gathering evidence, but this is what we know for now. Carmen and her husband Mark were staying the night at their vacation home. Sometime after dinner, Mark left the room to make a phone call. After the call, Carmen confronted Mark, asking if he was having an affair. They argued and Carmen stormed out of the house for a walk, making her way along the unlit road next to the house. (This was her usual way to calm down after an argument.) Mark had been on the phone with Carmen's sister Talia. Talia and Mark had been having an affair and he wanted her to come to the vacation home. Talia did not want to drive because it was dark out. After some discussion, Talia agreed to drive to the vacation home. Before getting in the car, she took an herbal supplement for stress; this is a supplement that Mark had given her. Talia and Carmen were never very close and Talia was jealous of Carmen's marriage to Mark. In fact, it was this jealousy that consumed Talia as she set out on her 60-minute drive. She was imagining what life would be like with Mark. After about 50 minutes, Talia started getting very sleepy. (Drowsiness was a side-effect of the supplement that Mark had given Talia to help with the anxiety of the affair.) By the time Talia was arriving at the vacation home, she was practically asleep. She did, however, notice a large dog dart into the road. She swerved to miss the animal and struck Carmen with her car. Carmen was pronounced dead by the medic responding to the 911 call placed by Mark. Police believe that Mark may have set it up so that Talia would hit her sister with the car. QUESTIONS List the five elements of criminal homicide. Given the facts, discuss whether the prosecution will be able to prove each of the five elements of criminal homicide against Talia. [2p]