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MisterOpus1
Grumpy Old Fart

Registered: Dec 2001
Location: Kansas City
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Re: Re: Re: Ummm This is Something of Dilemma
| quote: | Originally posted by occrider
See I don't even think that would hold up in court because she did not committ an action that led to a death, her crime was inaction. I dunno, it would be like charging you for manslaughter because you didn't push someone out of the way of an oncoming bus. I think the only thing that would hold any water in court would be depraved indifference or something of the sort. |
Child abuse/neglect then?
I don't know law specifics, and I certainly do not know the specifics of this case, but since she was specifically told that there was a definite risk to the childs' lives, she has to get slapped with something?
Hmmm, I can almost see some parallels to the abortion argument here. Was this your intent to open up that can of worms, you sly dog you?
___________________
Whence September dusk grows crisper still,
with leaves all crimson conquered,
I yearn to shout,
and dance about,
and stick pickles in my honker...
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Mar-12-2004 16:31
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imokruok
Lawyers, guns, and money

Registered: Aug 2003
Location: Los Angeles, CA / Milwaukee, WI
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Re: Re: Re: Ummm This is Something of Dilemma
| quote: | Originally posted by occrider
See I don't even think that would hold up in court because she did not committ an action that led to a death, her crime was inaction. |
But that defense only goes so far. When you have a duty to perform an act, your inaction is no different from a case where you did something that caused harm.
For example, in the US, if you witness a car accident and see someone bleeding to death on the front seat, it is your right to keep on walking. No liability.
But once you become involved, i.e. trying to open the car door to save the person, you then have the duty to remain there and see that matter through. You have become linked to the matter at hand, and your inaction can be just as bad as an action. Both cause harm, and when you have a duty to a person, both make you liable.
In this case, I think it would be ludicrous to argue that the mother did not have a duty to the child. Therefore, inaction in itself can be the cause for criminal liability.
p.s. That woman should be charged for ugliness as well. Wow...
___________________
FLUSHED THE JOHNS!
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Mar-12-2004 18:27
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