An innocent person is spending two years in prison because a jury couldn't understand the difference between negligence and criminal negligence.

in kim •  3 years ago 

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https://www.nytimes.com/2022/02/18/us/kim-potter-sentence-manslaughter.html

Kim Potter was just sentenced to two years in prison. Alec Baldwin probably won't face criminal charges. They both accidentally shot and killed somebody.

I'm only read up on Minnesota and Arizona law on this issue; but, in general, negligence is a civil issue. In order for negligence to be criminal, it has to be proven beyond a reasonable doubt that the person created a dangerous situation that was unnecessary, was aware of that dangerous situation, and disregarded that knowledge. That's how you get to criminal liability. You have to check all three boxes and do so beyond a reasonable doubt.

Can anybody honestly check all of those boxes in either of these cases without a reasonable doubt? I sure can't.

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