Re: criminally negligent homicide? wrongful death?PS

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Hi carol, Just wanted to thank you for your useful and
thought-provoking response. One further question (if you don't
mind): what other relationships entail a statutory duty to care
for someone? Teacher-child? Doctor-patient? Do you know of any
resource where I could find out what kind of relationship needs to
exist for criminally negligent homicide to be a possibility?

Thanks,
Tristan

On 1/26/06, Carol wrote:
> 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.