2 cases · terms & connectors · 0.04 s
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65 M.J. 677 Navy-Marine Corps Court of Criminal Appeals July 12, 2007 No. NMCCA 200500223
of the attending physician.
We also hold that removal of the victim from a respirator prior to brain death does not relieve an accused of criminal responsibility unless the decision by the physician, or in this case the victim’s legal representative, “was no
more than simple negligence.”
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69 M.J. 591 Navy-Marine Corps Court of Criminal Appeals September 21, 2010 No. NMCCA 200900475Cited by 6 Concurrence · Booker
The culpable negligence ordinarily cannot be proven in civilian prosecutions absent some sort of “special relationship” between the alleged perpetrator and the alleged victim— e.g., parent and child; doctor and patient; driver and
What is more, the duty in civilian society is violated only by culpable negligence, not simple negligence.