AJ 012 Chapter Notes - Chapter 1: Moe Williams, Murder 2, Proximate And Ultimate Causation

• School: Pasadena City College
• Department: Administration of Justice
• Course: AJ 012
• Professor: yang

Document Summary

Utilitarian argument: the inadvertent actor by definition does not perceive the risks of his conduct, and thus cannot be deterred from risk creation. Retributivist argument: no one should be punished unless he has acted immorally and negligence doesn"t show immoral actions. Negligence substantial and unjustifiable risk: no awareness but a reasonable person would have been aware. Civil negligence mere deviation and mere/ordinary risk. Gross (criminal) negligence gross deviation and gross (substantial and unjustifiable) risk. Williams case parents are negligent in not getting medical care for baby. This state (wa) uses civil negligence standard for homicide. Measuring reasonableness: perhaps court should have asked whether the conduct in question measures up to a native american of reasonable prudence, but this court did not take defendants" culture into consideration of whether their actions were reasonable. Taking culture into consideration in determining reasonableness is different state by state and court by court.