25. Involuntary Manslaughter and Negligent Homicide

Question 1

US v. Robertson

Answer 1

• Son comes to live with his father (divorced from mother), is 135-40 pounds when he arrives, takes him to doctor when he says he’s dizzy and is 125 pounds, 3 days later at doctor is 122 pounds and doctor mentions anorexia but doesn’t say he has it, father tries to get him to go to the doctor, finally agrees to go when he visits his moms, dies the night he arrives at his mom’s and weighs 80 pounds
• Prosecuted for omission, failed to provide proper medical/psychiatric care for son which was proximate cause of his son’s death
• Jury convicts him of involuntary manslaughter = culpable negligence = simple negligence + gross/reckless/wanton/deliberate disregard for foreseeable results to others
  o Simple negligence = absence of due care (an act or omission of a person who is under a duty to use due care which exhibits a lack of that degree of care of the safety of others which a reasonably careful person would’ve exercised under same or similar circumstances)
  o Coughlin says involuntary manslaughter charge sounds like recklessness
• Higher court says there is no involuntary manslaughter/culpable negligence OR simple negligence (negligent homicide) – his parenting did not exhibit a lack of degree of care for son that a reasonably prudent parent would’ve exercised under same/similar circumstances (relied on expert who said there was no wrong behavior for parents in this situation)
  o Perhaps noting that the duties parents owe to children change as they become older and less helpless
  o Court also could be worried about cases were child is using drugs and dies of an overdose

Question 2

MPC

- Homicide as manslaughter if..

Answer 2

recklessly committed

Question 3

MPC

- Homicide as negligent homicide if..

Answer 3

negligently committed