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-   -   Murder or not? (https://www.askmehelpdesk.com/showthread.php?t=2693)

  • Jan 20, 2003, 02:47 PM
    nugard
    Murder or not?
    If someone sees another person collapse but doesn't ever help them or call an ambulance, and the other person later dies, but would have lived if help had been offered, is that considered murder? If so, what degree of murder is it?
  • Feb 7, 2003, 03:48 PM
    speedball1
    Murder or not?
    In our state, (Florida) It is not considered murder but it is against the law to pass on without giving assistance. You could be charged with "depraved indifference" if you don't stop and render help.
  • May 27, 2004, 02:24 AM
    JimGunther
    Murder or not?
    Murder requires intent, if you kill someone by accident or negligence, it might be ruled homicide, or wrongful death in a civil court. Failing to render aid is never considered murder because there is no intent to kill.
  • Feb 5, 2008, 07:40 AM
    kandyfruitcake
    Quote:

    Originally Posted by JimGunther
    Murder requires intent, if you kill someone by accident or negligence, it might be ruled homicide, or wrongful death in a civil court. Failing to render aid is never considered murder because there is no intent to kill.


    Have you seen the Kenny Richey case in Ohio? Mr Richey was on Death Row, but has now been released. The charges of Murder and Arson were dropped, and basically his conviction now stands at his not babysitting when he was asked to, and that bringing about the death of a young child. They have given Mr Richey the charge of 'Attempted Involuntary Manslaughter' which sounds as if this could be charge for failing to render aid?
  • Feb 25, 2012, 08:33 AM
    Question_All
    It isn't murder unless you are directly responsible for the cause death while also intending fully for that person to die.
  • Feb 25, 2012, 09:04 AM
    AK lawyer
    Quote:

    Originally Posted by JimGunther View Post
    Murder requires intent, if you kill someone by accident or negligence, it might be ruled homicide, or wrongful death in a civil court. Failing to render aid is never considered murder because there is no intent to kill.

    In OP's example, furthermore, the observer did nothing to cause the death. So he or she wouldn't even be liable if sued, unless liability was based upon breach of some duty, such as a statutory requirement to render aid, like the one referred to by Speedball1 (Post #2, above).

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