Collins to work toward increasing visitation to Arkansas by groups and promoting the state's appeal
NEGLIGENT HOMICIDEDrew Petrimoulx of KARK has given via Twitter the shape of opening statements from Prosecutor Gina Knight and defense lawyer Erin Cassinelli:
_________________ (Defendant) is charged with the offense of negligent homicide. To sustain this charge the State must prove beyond a reasonable doubt that:
[_________________ (Defendant) negligently caused the death of _________________ (victim).]
[The term "negligently" as used in this criminal case means more than it does in civil cases. To prove negligence in a criminal case the State must show beyond a reasonable doubt that _________________ (defendant) should have been aware of a substantial and unjustifiable risk that the death would occur. The risk must have been of such a nature and degree that his failure to perceive it, considering the nature and purpose of his conduct and the circumstances known to him, involved a gross deviation from the standard of care that a reasonable person would have observed in his situation.]
(4) "Negligently." (A) A person acts negligently with respect to attendant circumstances or a result of his or her conduct when the person should be aware of a substantial and unjustifiable risk that the attendant circumstances exist or the result will occur.
(B) The risk must be of such a nature and degree that the actor's failure to perceive the risk involves a gross deviation from the standard of care that a reasonable person would observe in the actor's situation considering the nature and purpose of the actor's conduct and the circumstances known to the actor.
See, e.g., Gill v. State, 2015 Ark. 421
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