left to die

[cyjeff]

Actually it would not be moot if husband claims he believed she took overdose and he admittantly waited 7-8 hrs to check on her. He claims to believe she overdosed and chose not to get medical attention.

That's it.

Until you answer my questions, I am done here.

I know you are hurting and angry, but I am sick of trying to pull teeth.

 

[carolanne]

Okay... this is starting to become a bit annoying.

State, in as clear and concise version as you can, the method in which you believe your daughter was murdered.

It wasn't through drugs... there weren't any unknowns or large quantities of knowns in her system.

Therefore, you must believe there was another method. What is that?

If you say you don't know, then you have a real problem. If you cannot articulate a probable method of murder, convincing a court that it WAS a murder is going to be impossible.

Again, when did your daughter die?

3 months. sorry to annoy you. tox showed no cause of death. other coroners and medical examiners said an autopsy should have been done to detemine death. and again to all of you rude arragant people on here sorry to anoy you

 

[cyjeff]

3 months. sorry to annoy you. tox showed no cause of death. other coroners and medical examiners said an autopsy should have been done to detemine death. and again to all of you rude arragant people on here sorry to anoy you

and, just that easily, you get to find an attorney.

I have been trying to be nice, but your refusal to answer questions means that we cannot help you.

Seek out the services of an excellent attorney and plan on spending several thousand dollars to have your daughter exhumed.

Good luck.

 

[carolanne]

I am trying to answer all of your questions. But I'm working also so I can't spend all my time getting right back to you as quickly as you think I should.

 

[BOR]

Carolanne, it would have be law in AL, either statutory or common law. In Ohio at least Common law offenses have been abrogated (done away with).

Some states do in fact recognize common law offenses, I do not know if AL does and the facts also must support it.

Have a personal lawyer review all the facts if the police do not recognize a violation of law.

While criminal charges may not be able to be filed, it is possible a Wrongful death suit is viable??

 

[carolanne]

BOR, thank you for the advice.

 

[carolanne]

and, just that easily, you get to find an attorney.

I have been trying to be nice, but your refusal to answer questions means that we cannot help you.

Seek out the services of an excellent attorney and plan on spending several thousand dollars to have your daughter exhumed.

Good luck.

I have already planned on that. Just thought some of you experts might have some advice.

 

[Banned_Princess]

I have already planned on that. Just thought some of you experts might have some advice.

Its really hard to read minds over the internet.

your vague details, and lack of actual questions had us running all over the spectrum.

Again, sorry for your loss.

 

[tranquility]

It's NOT a common law *offense*, it's a common law way to find intent for homicide.

 

[BOR]

BOR, thank you for the advice.

You are welcome.

I did find this case, and although it deals with the "year and a day" rule, which I mentioned in passing on page 1, and of course is not applicable here, the case has an internal citation:

I.

See also § 13A-1-4, Ala.Code 1975, which, in referring to the codification of the current Criminal Code of Alabama, provides, “No act or omission is a crime unless made so by this title or by other applicable statute or lawful ordinance.”


http://caselaw.findlaw.com/al-court-of-criminal-appeals/1430588.html

If still good law, this would appear to foreclose any criminal homicide charge.

 

[tranquility]

The statute does not prevent a homicide decision where there is a failure to act when there is a legal duty to act.

We might prefer this statute (emphasis mine)[from CG v. State, 841 So. 2d 281 - Ala: Court of Criminal Appeals 2001]:

Section 13A-2-23, Ala.Code 1975, provides:

"A person is legally accountable for the behavior of another constituting a criminal offense if, with the intent to promote or assist the commission of the offense:

"(1) He procures, induces or causes such other person to commit the offense; or

"(2) He aids or abets such other person in committing the offense; or

"(3) Having a legal duty to prevent the commission of the offense, he fails to make an effort he is legally required to make."

See also:
Porter v. State, 570 So. 2d 823 - Ala: Court of Criminal Appeals 1990 which discussed this "complicity" statute by using the Hornbook of LaFave:

"`(a) Duty to Act. For criminal liability to be based upon a failure to act it must first be found that there is a duty to act—a legal duty and not simply a moral duty. As we have seen, some criminal statutes themselves impose the legal duty to act, as with the tax statute and the hit-and-run statute. With other crimes the duty must be found outside the definition of the crime itself—perhaps in another statute, or in the common law, or in a contract.'

"W. LaFave and A. Scott, Substantive Criminal Law § 3.3 (1986) (footnotes omitted)."

Now, I have profound doubt as to if the facts of this thread would show a duty of the husband and a failure to act which would breach that duty would result in a homicide conviction. But, it is clearly possible under Alabama law.

 

[BOR]

Carlonanne, is Suicide a crime in AL?

If it is not, then attempted suicide is not, and no crime was committed, so any duty to aid seems moot.

I do know for a fact, by case law I have looked up before, suicide is not a crime here in Ohio, that is why I ask about AL!

Even if suicide is a crime and there existed a legal duty to aid when confronted, constructing a murder charge out of it??

 

[tranquility]

Recently, people have found fit to argue well settled portions of the law.

Here, we're not talking about suicide, but homicide. The killing of a human being by another human being. More specifically, criminally negligent homicide.

 

[BOR]

Carolanne:

(3) Having a legal duty to prevent the commission of the offense, he fails to make an effort he is legally required to make.

Prevent commission of an act already done; that is not an offense under the law?

Offense? What offense?

Obviously the Police or Prosecutor see no viable charge!!

 

[TheGeekess]

Section 13A-6-4
Criminally negligent homicide.

(a) A person commits the crime of criminally negligent homicide if he causes the death of another person by criminal negligence.

(b) The jury may consider statutes and ordinances regulating the actor's conduct in determining whether he is culpably negligent under subsection (a) of this section.

(c) Criminally negligent homicide is a Class A misdemeanor, except in cases in which said criminally negligent homicide is caused by the driver of a motor vehicle who is driving in violation of the provisions of Section 32-5A-191; in such cases criminally negligent homicide is a Class C felony.
(Acts 1977, No. 607, p. 812, §2015; Acts 1979, No. 79-664, p. 1163, §1; Acts 1988, 1st Sp. Sess., No. 88-916, p. 510, §1.)

Section 13A-6-4

Section 13A-6-3
Manslaughter.

(a) A person commits the crime of manslaughter if:

(1) He recklessly causes the death of another person, or

(2) He causes the death of another person under circumstances that would constitute murder under Section 13A-6-2; except, that he causes the death due to a sudden heat of passion caused by provocation recognized by law, and before a reasonable time for the passion to cool and for reason to reassert itself.

(b) Manslaughter is a Class B felony.
(Acts 1977, No. 607, p. 812, §2010; Acts 1987, No. 87-713, p. 1260.)

Section 13A-6-3

Section 13A-6-2
Murder.

(a) A person commits the crime of murder if he or she does any of the following:

(1) With intent to cause the death of another person, he or she causes the death of that person or of another person.

(2) Under circumstances manifesting extreme indifference to human life, he or she recklessly engages in conduct which creates a grave risk of death to a person other than himself or herself, and thereby causes the death of another person.

(3) He or she commits or attempts to commit arson in the first degree, burglary in the first or second degree, escape in the first degree, kidnapping in the first degree, rape in the first degree, robbery in any degree, sodomy in the first degree, any other felony clearly dangerous to human life and, in the course of and in furtherance of the crime that he or she is committing or attempting to commit, or in immediate flight therefrom, he or she, or another participant if there be any, causes the death of any person.

(4) He or she commits the crime of arson and a qualified governmental or volunteer firefighter or other public safety officer dies while performing his or her duty resulting from the arson.

(b) A person does not commit murder under subdivisions (a)(1) or (a)(2) of this section if he or she was moved to act by a sudden heat of passion caused by provocation recognized by law, and before there had been a reasonable time for the passion to cool and for reason to reassert itself. The burden of injecting the issue of killing under legal provocation is on the defendant, but this does not shift the burden of proof. This subsection does not apply to a prosecution for, or preclude a conviction of, manslaughter or other crime.

(c) Murder is a Class A felony; provided, that the punishment for murder or any offense committed under aggravated circumstances, as provided by Article 2 of Chapter 5 of this title, is death or life imprisonment without parole, which punishment shall be determined and fixed as provided by Article 2 of Chapter 5 of this title or any amendments thereto.
(Acts 1977, No. 607, p. 812, §2005; Act 2006-427, p. 1057, §1.)

Section 13A-6-2

Section 13A-6-1
Definitions.

(a) As used in Article 1 and Article 2, the following terms shall have the meanings ascribed to them by this section:

(1) CRIMINAL HOMICIDE. Murder, manslaughter, or criminally negligent homicide.

(2) HOMICIDE. A person commits criminal homicide if he intentionally, knowingly, recklessly or with criminal negligence causes the death of another person.

(3) PERSON. The term, when referring to the victim of a criminal homicide or assault, means a human being, including an unborn child in utero at any stage of development, regardless of viability.

(b) Article 1 or Article 2 shall not apply to the death or injury to an unborn child alleged to be caused by medication or medical care or treatment provided to a pregnant woman when performed by a physician or other licensed health care provider.

Mistake, or unintentional error on the part of a licensed physician or other licensed health care provider or his or her employee or agent or any person acting on behalf of the patient shall not subject the licensed physician or other licensed health care provider or person acting on behalf of the patient to any criminal liability under this section.

Medical care or treatment includes, but is not limited to, ordering, dispensation or administration of prescribed medications and medical procedures.

(c) A victim of domestic violence or sexual assault may not be charged under Article 1 or Article 2 for the injury or death of an unborn child caused by a crime of domestic violence or rape perpetrated upon her.

(d) Nothing in Article 1 or Article 2 shall permit the prosecution of (1) any person for conduct relating to an abortion for which the consent of the pregnant woman or a person authorized by law to act on her behalf has been obtained or for which consent is implied by law or (2) any woman with respect to her unborn child.

(e) Nothing in this section shall make it a crime to perform or obtain an abortion that is otherwise legal. Nothing in this section shall be construed to make an abortion legal which is not otherwise authorized by law.
(Acts 1977, No. 607, p. 812, §2001; Act 2006-419, p. 1042, §§1, 2.)

Section 13A-6-1