Question
Read State v. Crosby , 154 P.3d 97 (2007). In Crosby , the defendant was convicted of manslaughter of a dependent person by neglect. The
ReadState v. Crosby, 154 P.3d 97 (2007). InCrosby, the defendant was convicted of manslaughter of a dependent person by neglect. The defendant's mother died of "sepsis" and was brought to the hospital covered with feces and bedsores. The defendant was her mother's caregiver.
The jury was instructed that the defendant possessed the mental state of "recklessness" under the statute if she disregarded a substantial risk ofharmorcircumstances. The jury asked the judge if the "circumstances" included thebedsoresorjust death. He responded that the risk could be more than just death and left it up to the jury to decide.
Do the person's actions match what they were thinking or intending to do?
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