ADMJ 103 Lecture Notes - Lecture 17: Indian Child Welfare Act, Criminal Negligence, Hippie
21 Aug 2020
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When the law provides that negligence suffices to establish an element of an offense, such element also is established if a person acts purposely, knowingly or recklessly. Homicide committed by drunk driver w/ stickers showing cavalier attitude about drinking and drunkenness. Irrelevant to failure to be unaware of risk. Young native american parents failed to get medical care for child b/ they. Feared state welfare agency would remove the child from their home. Hippie example that no one cares about indian. Some one was killing indians or taking them away from their teepees. Termination of parental rights, foster care, adoption. Voluntary manslaughter (murder w/ provocation) and involuntary manslaughter. Under cl, provocation mitigates intentional killing to manslaughter. Rationale: passion obscures reason and renders the provoked intentional killer less blameworthy than the unprovoked one. The unlawful killing of another human being without malice (despite intent!) Intentional killing of another in the heat of passion manslaughter compared with murder.
