Originally Posted by The_Real_Hawkeye
Originally Posted by jwp475
Originally Posted by The_Real_Hawkeye
Originally Posted by jwp475

She was most definitely negligent which resulted in a homicide.



It resulted in a death. Homicide requires mens rea. The minimum mes rea for homicide is reckless disregard for human life. No level of mens rea, however, was in evidence here. It was simple negligence resulting in death, like a doctor, at the end of a double ER shift, grabbing the wrong hypodermic needle off the table and injecting it into the wrong patient.
Negligent homicide is the killing of another person through gross negligence or without malice

Reckless disregard for human life is an element of that crime, which isn't in evidence. This case is analogous to the case of the ER doctor I described above.



The defendant acted, or failed to act appropriately in a dangerous situation, and that action or inaction caused the victim's death



I got banned on another web site for a debate that happened on this site. That's a first