Re: criminally negligent homicide? wrongful death?PS
Posted by Carol on 1/26/06
A little more explanation: a statute is a law passed by the state legislature. That is what is needed to make an act criminal. An example of criminally negligent homicide would be playing Russian roullette, driving drunk and killing someone in an accident, recklessly setting a fire where a firefighter dies. Wrongful death would be medical malpractice, an auto accident that did not involve a criminal act. However, both of your questions require the actor to do something or have some sort of duty to the deceased. A parent who doesn't help their child on the other hand, could be charged with criminally negligent homicide because they have a statutory (that means a law says it) duty to care for the child and protect it. A sibling would have no such duty, nor would a child have a duty to the parent as a rule. (there are exceptions for elderly and disabled parents.) There is no criminal liability in your scenario (and probably no common law liability either) unless there is some sort of relationship between the parties that places that duty on them.
Posts on this thread, including this one
- criminally negligent homicide? wrongful death?, 1/25/06, by Tristan.
- Re: criminally negligent homicide? wrongful death?, 1/26/06, by Carol.
- Re: criminally negligent homicide? wrongful death?PS, 1/26/06, by Carol.
- Re: criminally negligent homicide? wrongful death?PS, 1/27/06, by Tristan.
- Re: criminally negligent homicide? wrongful death?PS, 1/27/06, by Tristan.
- Re: criminally negligent homicide? wrongful death?PS, 1/27/06, by Carol.
- Re: criminally negligent homicide? wrongful death?, 1/27/06, by v.
- Re: criminally negligent homicide? wrongful death?, 1/28/06, by v.
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