CRMJ 384 Lecture Notes - Lecture 3: Negligent Homicide, Amherst, New York, Criminal Negligence
6 Sep 2016
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Facts: date- january 19, 1990, time- 1:00 am, location- maple road in amherst, New york, people involved- paul t. moon, mark d. abbott, patricia a. Hammond and 2 unnamed passengers, circumstances- drag race, abbott t-bones. Hammond, consequences- hammond"s death and 2 other fatalities. Holding: yes, moon while acting with the culpable mental state of criminal negligence gave assistance or encouragement to abbott to engage in conduct dangerous to life . Application: accessorial liability attach[es] for criminally negligent homicide [when] the accessory shares the requisite culpable mental state for the crime and intentionally aids in its commission . Theoretical case: a group of cars was speeding down the highway for 8-10 miles at 20 mph over the posted limit, one man was drunk and hit a van entering the highway from an on-ramp. Argument for yes : by the precedent of abbott and moon v. ny, we know that the contact car is not the only guilty party.
