Kid left in hot car: What main legal factors affect if charges are brought? If a kid gets left in a hot car (e.g. because the caretaker forgets), the kid can die. Serious criminal charges are sometimes brought against the caretaker (or caretakers, plural)... even if the car isn't locked and the child does not die even if the kid gets into the car himself even if the caretaker tries to save the baby with efforts to cool it down, after realizing the error I went looking for examples of cases where no charges were filed and attempted to find distinguishing factors, which you can look into and confirm/disconfirm in an answer; what follows is just what I found. I found race (according to the linked article and attorney cited there), being an officer (according to the primary salient fact in the linked article) or otherwise working in the local criminal justice system, and being the first case in a county (according to what distinguishing fact can be found in the article) as potential determiners of whether or not charges are brought against a caretaker. That is not a very satisfying set of factors. So, I ask: What are the factors used to determine whether or not the caretaker is charged in such a situation? For this question, assume: the period was hours, the kid died, the caretaker admitted to what s/he did, and the caretaker claimed it's because s/he forgot. If the whole United States is too broad, answer for whichever state(s) you can give the best answer for, or New York if you need a more specific pointer.
When it is a mistake of memory, and not intentional (as this question is asking), there are no clear standards, and it is largely up to prosecutorial discretion. This means that whatever factors affect prosecutorial discretion (such as the prosecutor knowing who they have to work with on other days) can become significant in the determination. A prosecutor who announced this decision also specifically noted that it's up to the prosecutor to decide each case separately, with no guidance on fact patterns that could influence the decision either way. The Washington Post Magazine covered this question somewhat in depth several years ago, arriving at that conclusion. This was a surprise to me, but the article seems like a good resource on this - the question turns out to be more interesting and less resolved than it first appeared to be.
The answer is going to depend on what jurisdiction you're talking about. But I can give you some general principles that apply, in most cases, in the U.S. at least. "Homicide" is a general term for the killing of one person by another. If someone died, and another person caused it, it's homicide. "Murder" and "manslaughter" are specific crimes, usually now defined by state criminal statutes. The specifics are going to differ from state to state, but in general, murder is the more serious crime and carries a more serious punishment. So if a person dies at another person's hand, it is a homicide, and it may also be murder or manslaughter. The way the law distinguishes between murder and manslaughter usually has to do with the killer's mental state. For example, a state with three homicide offenses might break them down like this: Murder: "I killed him because I wanted to steal his wallet." Voluntary manslaughter: "I killed him because I just found out he was sleeping with my wife." Involuntary manslaughter/negligent homicide: "I didn't mean to kill him, but I was drunk and didn't see the stop sign." These homicide offenses will then be further subdivided into degrees based on aggravating or mitigating factors. For instance, in some states there is a very limited definition for first degree murder, which may be the only offense that allows the death penalty (example: murder of a police officer, murder while serving a life sentence).
I would describe those scenarios as hard cases on causation. I don't think there is any single word for an act which gives rise to such a case. Each case relates to an act which was a necessary condition of the injury which occurred. &quot;But for&quot; causation is established. However, the factual scenario is an unusual one where the legal or proximate cause is not obvious. Cases in which the chain of causation is too complex for the defendant to be held liable may be described as failing on the grounds of remoteness or foreseeability. An intervening act which breaks the chain of causation is called a novus actus interveniens.
Maybe, maybe not. The answer is implicit in the restraining order, which I assume you have a copy of. If the wording is unclear, you can ask your attorney. The order will state the consequences for violating the order, so you have some idea what the risk factor is. A person may also petition for a new restraining order to include bill-paying, which may or may not be granted.
Yes Now, murder needs a definition because they are all subtly different. Let’s use the one in the new-south-wales Crimes Act 1900: Murder shall be taken to have been committed where the act of the accused, or thing by him or her omitted to be done, causing the death charged, was done or omitted with reckless indifference to human life, or with intent to kill or inflict grievous bodily harm upon some person, or done in an attempt to commit, or during or immediately after the commission, by the accused, or some accomplice with him or her, of a crime punishable by imprisonment for life or for 25 years. The only real difficulty is in the phrase “causing the death charged”. So a sensible prosecutor would charge both defendants with both deaths. A jury would find them guilty beyond reasonable doubt of one of the “death[s] charged”. The case is similar to Rogerson and McNamara who took a live Jamie Gao into a storeroom and came out with a body. Each accused the other of the murder - the jury didn’t believe either of them.
Yes Under Texas law (and pretty much everywhere else) the driver of the vehicle is responsible for ensuring that it is roadworthy. This does not mean that someone else cannot also be liable - the mechanic who fixed the wheel and their employer would also be liable. The claim for damages from a motor vehicle accident lies in the tort of negligence and the standards that the driver has to attain to avoid liability is that of a reasonable person. A reasonable person is not an average person who (probably) just gets in a car and drives but a prudent person who considers the risks to themselves and others and takes reasonable steps to mitigate them. Like looking at the wheels of an unfamiliar car. If the defect were obvious to a layperson from a visual inspection, they would be liable if they had not conducted such an inspection. Similarly, continuing to drive when a car is making a &quot;Knocking&quot; noise even if you didn't know what it was is not something a reasonable person would do. If you knew what the noise was and kept driving we are now moving from negligence into recklessness and the realms of criminal liability like manslaughter.
It obviously varies by jurisdiction, but most jurisdictions I am familiar with have something like a "Statute of Limitations" where crimes cannot be prosecuted after a certain length of time because it was "too long ago". The logic is firstly that if you prosecute a pensioner for stealing a bottle of beer from a shop when they were 18, the person you are prosecuting is very different from the person that committed the crime. Secondly, it is very hard to obtain a fair trial after the passing of a long period of time. As far as I know, all jurisdictions vary the length of time depending on the severity of the crime, and the most serious crimes are never time-limited. Rape usually falls into the category of "never time-limited". Of course, although murder and rape can be prosecuted after 15+ years, the difficulty of obtaining a fair trial, and of producing evidence from that long ago, means that they may not be. Finally note that "prosecution" of the accused is often not the primary aim of accusers. They just want to say "this was wrong". Abused individuals often find it very hard to speak out about the abuse; the current scandals have made it that bit easier, by reassuring them that it isn't just them (see the #metoo campaign for example).
england-and-wales Scenario 1: If a person is acquitted of an offence, and evidence later shows that someone else committed it instead then there's nothing in law preventing that second person being prosecuted - assuming all the relevant conditions are met. Scenario 2: If a person has been convicted of an offence, but evidence later shows that someone else may have committed it (independently and in isolation rather than as a co-conspiritor), then in all likelihood the former defendant may have grounds for an appeal on the basis that they have suffered a miscarriage of justice. One option is for their case to be reviewed by the Criminal Cases Review Commission who may refer the case back to the court to determine whether the conviction should be quashed in light of new and compelling evidence. Scenario 3: &quot;Infinite&quot; indictments are theoretically possible (in as much as infinity is possible) but only if there is enough evidence against each and every person to justify them being indicted. If prior indictments resulted in convictions, then loop back to Scenario 2.