Factors from the courts that give meaning to the

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what the statute means. Factors from the courts that give meaning to the statute inform your analysis.) In the present case, the five pledgee’s failure to act resulted is a gross deviation below the standard of care of a reasonable prudent person acting under similar conditions. Jurisprudence has held that a failure to act is criminal negligence when the offender has incurred a legal duty to act. (To convict the pledgees of negligent homicide you must demonstrate how they were criminally negligent. The law on failure to act and criminal negligence is very important.) A legal duty exists when the offender voluntarily assumes the care of the victim. The voluntary assumption of care must prevent others from taking action, and
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2 the offender must fail to provide aid that he is capable of providing after assuming care. (Notice, that I only stated and defined the legal duty that applies to this problem. It is not important to state all other instances when a legal duty exists, when they are not relevant to resolving the call of the question.) Here, the five pledgees took the victim from the field and brought him inside the fraternity house alienating him from others who may have been able to provide assistance. Hence, they voluntarily assumed the care of the victim. (Use the law in your analysis.) After receiving instructions from the national president to seek medical attention immediately the pledgees did a Google search and determined that professional help was too costly. This was a wanton and
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  • Fall '19
  • criminal law, Negligent Homicide

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