8/8/2023 0 Comments Fracture movie new trialSomething else that causes death would have to be a "superseding cause" and not just an additional cause of death. When death is a natural and foreseeable result of action that causes physical harm, the death is caused by the act that causes the physical harm. While terminating life support is "legal" it also constitutes a non-judicial finding with legal effect on the part of the person authorizing it and the physicians signing off on the decision, the further medical care would have been futile and that the person whose life support was terminated was already dead in key material respects, even though they would not be dead for purposes of a murder charge until life support is terminated. The fact that the victim would not have died if the hospital has not negligently failed to have type O- blood on hand does not provide a defense to murder on the part of the person who shot her. Mostly, this is an issue of causation and not double jeopardy.įrom a double jeopardy perspective, the crime of murder is not complete until the person dies, and they have not be tried for murder, so this is a different crime that had not occurred until after the attempted murder trial was over.Įven if the immediate cause of the wife's death is withdrawal of life support, the shooting could still be a legally sufficient cause of the wife's death.įor example, suppose that you shoot someone and the hospital can't give the victim a blood transfusion because the victim has blood type O- (universal donor) which can only receive blood from other people with blood type O-, and the hospital, due to negligence on the part of a hospital administrator, has run out out of type O- blood. The actual killing of the wife would be 'legal', so can he be chargedįor murder for something that has been done legally, only because theyĬan prove is intent to kill her before that? Especially since he has The dramatic performance plays out in the same way that it would in the U.S.
0 Comments
Leave a Reply. |
AuthorWrite something about yourself. No need to be fancy, just an overview. ArchivesCategories |