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Criminal Trial Please take the time to read up on the criminal charge that Mr. Tobias Drexler is being charged with in our trial. CRIMINALLY NEGLIGENT HOMICIDE (Felony) PENAL LAW The count is Criminally Negligent Homicide. Under our law, a person is guilty of Criminally Negligent Homicide when, with criminal negligence, that person causes the death of another person. The term "criminal negligence" used in this definition has its own special meaning in our law. I will now give you the meaning of that term: CRIMINAL NEGLIGENCE is not the same as that type of negligence you may be familiar with that permits a person injured by ordinary negligence to obtain a monetary judgment in a civil law suit. The carelessness required for criminal negligence is appreciably more serious than that for ordinary civil negligence. A person acts with CRIMINAL NEGLIGENCE with respect to a death when that person engages in conduct which creates or contributes to a substantial and unjustifiable risk that another person's death will occur, and when he or she fails to perceive that risk, and when that risk is of such nature and degree that failure to perceive it constitutes a gross deviation from the standard of care that a reasonable person would observe in the situation. In order for you to find the defendant guilty of this crime, the Prosecution is required to prove, from all the evidence in the case, beyond a reasonable doubt, both of the following two elements: 1. That on or about (date) , in the county of (county) , the defendant, (defendant's name) , caused the death of (specify) ; and 2. That the defendant did so with criminal negligence. Therefore, if you find that the Prosecution has proven beyond a reasonable doubt both of those elements, you must find the defendant guilty of the crime of Criminally Negligent Homicide as charged in the count. On the other hand, if you find that the Prosecution has not proven beyond a reasonable doubt either one or both of those elements, you must find the defendant not guilty of the crime of Criminally Negligent Homicide as charged in the count. Visit Courtroom Set Up |
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