doing something otherwise safe that you kill someone
Like holding someone down on the floor until the cops arrive? The point is, whatever facts lead you to dismiss this, must necessarily lead you to dismiss the larger charge. The subtlety is the prosecution is not allowed to present two different theories but they can present two different charges.
So the jury is confused or they felt the Allen charge was annoying and someone changed their mind.
Like holding someone down on the floor until the cops arrive?
That's not "negligence" though. You didn't answer my question of, "what did he 'neglect' to do?" Negligence is something you fail to do, not something you did.
If you shoot someone intentionally, you aren't charged with "criminal negligence." You're charged with murder. (and then maybe acquitted for self defense)
Like holding someone down on the floor until the cops arrive? The point is, whatever facts lead you to dismiss this, must necessarily lead you to dismiss the larger charge. The subtlety is the prosecution is not allowed to present two different theories but they can present two different charges.
So the jury is confused or they felt the Allen charge was annoying and someone changed their mind.
That's not "negligence" though. You didn't answer my question of, "what did he 'neglect' to do?" Negligence is something you fail to do, not something you did.
If you shoot someone intentionally, you aren't charged with "criminal negligence." You're charged with murder. (and then maybe acquitted for self defense)