State
v. Williams
Court of Appeals of
4
Wash.App. 908, 484 P.2d
1167.
Dressler,
pp. 277-280
Facts: The parents of a child who
died of an infection they failed to treat were charged with manslaughter based
on their negligence. They were convicted
and they appealed.
Issue: Under
Rule: In
Analysis: The court finds that the
defendants were put on notice that the baby was sick before it was too late to
save the baby by taking him to a doctor.
The court does not accept the excuse of the defendants that they thought
if they took the baby to a doctor he would be taken away by the welfare
department. Therefore, the court finds
there was enough evidence to find that the parents committed simple negligence.
Conclusion: The court upheld the
manslaughter conviction.
Notes
and Questions
1. They would be
guilty of negligent homicide, because the Model Penal Code says that any
homicide committed with the mens rea of negligence falls under this offense.
2. If we’re not
going to punish character in general, then we’re rejecting using the threat of
criminal punishment to change people’s moral makeup. If this is the rule we’re using, we should
only punish acts, and we shouldn’t bother giving people any incentives to
change their character.