Question
Donna Lewis was a single mother who lived in New Town with her daughters, 16 yearWanda and 3 year old Tina. Donna was an unemployed
Donna Lewis was a single mother who lived in New Town with her daughters, 16 yearWanda and 3 year old Tina. Donna was an unemployed dancer and was on welfare. Wanda had been having problems in school and was suspended twice for fighting. Donna suspected that Wanda was using drugs and on one occasion found methamphetamine, also know as crystal meth, in Wanda's bedroom. Donna sought help for Wanda, but Wanda never attended the Narcotics Anonymous meetings at the local community center as she was instructed to do. On occasion, Donna left little Tina with Wanda for short periods of time while she went out job hunting.
One day, Donna got a call from her old friend Sharon Rogers who lived in Las Vegas, Sharon told Donna about an opening in a chorus line at the Starlight Hotel In Las Vegas. Sharon told Donna that she knew the manager and could practically guarantee that Donna would be hired, The only catch was that Donna had to come out to Las Vegaas within 24 hours. Donna borrowed money for the plane ticked from a friend, packed her bags, and instructed Wanda to take care of Tina until she got back. Donna promised to call Wanda as soon as she got to Las Vegas and to send for Wanda and Tina as soon a s she could get the money for their airfare.
Donna was hired shortly after her audition and moved in with her friend Sharon. She was so excited she forgot to call Wanda. Donna had not left a phone number where she could be reached. Three days passed and Donna never called home. Wandabegan to get angry., She was getting tired of taking care of Tina. The food in the apartment was running low and Wanda didn't have much money.
Wanda's friend Robin came to visit four days after Donna left town and offered Wanda some crystal meth to cheer her up. The two of them smoked meth in the apartment for several hours. Totally under the influence of the drug, Wanda went to a party with Robin, leaving Tina alone in the apartment. She then went home with Robing where she stayed for the next three days, smoking meth and drinking vodka. Wanda never went back to the apartment, leaving Tina in her crib with no food or water.
On the third day after Wanda left, the landlord entered the apartment and found Tina dead in her crib. An autopsy report revealed that she died from dehydration and malnutrition. Neighbors told the police that they heard little Tina crying for a long time several days before. They had not come to check on her because Tina always cried a lot and they assumed someone was home with her, and they couldn't have entered the apartment anyway because the door was locked.
The police located Wanda, and Donna returned home after hearing a news report about Tina's death. Both Wanda and Donna gave statements to the police consistent with the aforementioned facts. In addition, Donna told the police she did not call or send for Wanda and Tina because she had not saved enough money and believed that Wanda would take care of Tina.
In New Town, involuntary manslaughter is defined as follows:
A person is guilty of involuntary manslaughter when, as a direct result of the doing of an act in a reckless or grossly negligent manner, he causes the death of another person.
What arguments would you make in support of charging Donna?. What arguments would you make in support of charging Wanda?
. What liability, if any, would the neighbors who heard Tina cry but did nothing have?
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