LAWS 1000 Study Guide - Criminal Negligence, Mens Rea, Victimless Crime
Document Summary
In this case, a couple had a five year old diabetic son and the doctor explained to the couple that their son needed insulin injection. The couple had failed to inject their son with insulin because they truly felt that he was cured by god and did not require insulin injections any longer. The couple was charged with criminal negligence because of their omission towards their son. Whether or not the couple should be charged with murder because they truly did not intend for their son to die and did not appreciate the mens rea to commit the offense. The person who was threatening her was not present when she smuggled drugs. Does duress require that it be immediate and in proximity: ratio/significance: she was able to use the defense of duress and the gap in the law was addressed as a result changing the law, devon"s notes:
