This is getting kind of silly. If I'm mute after this, it's only because
I'm resisting the urge to get the last word on the subject. Your chain saw
hypothetical suggests first or second degree reckless homicide:
1022 FIRST DEGREE RECKLESS HOMICIDE; SECOND DEGREE RECKLESS HOMICIDE — §
940.02(1)
Crimes To Consider
The defendant in this case is charged with first degree reckless
homicide, and you must first consider whether the defendant is guilty of
that offense. If you are not satisfied that the defendant is guilty of
first degree reckless homicide, you must consider whether or not the
defendant is guilty of second degree reckless homicide which is a less
serious degree of criminal homicide.
Reckless Homicide
The crimes referred to as first and second degree reckless homicide are
varying degrees of homicide. Homicide is the taking of the life of another
human being. The degree of homicide defined by the law depends on the facts
and circumstances of each particular case.
While the law separates reckless homicides into two degrees, there are
certain elements which are common to each crime. Both first and second
degree reckless homicide require that the defendant caused the death of the
victim by criminally reckless conduct. First degree reckless homicide
requires the State to prove the additional fact that the circumstances of
the defendant's conduct showed utter disregard for human life. It is for
you to decide of what degree of homicide the defendant is guilty, if guilty
at all, according to the instructions which define the two degrees of
reckless homicide.
Statutory Definition of First Degree Reckless Homicide
First degree reckless homicide, as defined in § 940.02(1) of the
Criminal Code of Wisconsin, is committed by one who recklessly causes the
death of another human being under circumstances that show utter disregard
for human life.
State's Burden of Proof
Before you may find the defendant guilty of first degree reckless
homicide, the State must prove by evidence which satisfies you beyond a
reasonable doubt that the following three elements were present.
Elements of First Degree Reckless Homicide That the State Must Prove
1. The defendant caused the death of (name of victim) .
"Cause" means that the defendant's act was a substantial factor
in producing the death.
2. The defendant caused the death by criminally reckless conduct.
"Criminally reckless conduct" means:
• the conduct created a risk of death or great bodily
harm to another person; and
• the risk of death or great bodily harm was unreasonable
and substantial; and
• the defendant was aware that (his) (her) conduct
created the unreasonable and substantial risk of death or great bodily harm.
3. The circumstances of the defendant's conduct showed utter
disregard for human life.
In determining whether the conduct showed utter disregard for
human life, you should consider these factors: what the defendant was
doing; why the defendant was engaged in that conduct; how dangerous the
conduct was; how obvious the danger was; whether the conduct showed any
regard for life; and, all other facts and circumstances relating to the
conduct.
Jury's Decision
If you are satisfied beyond a reasonable doubt that the defendant caused
the death of (name of victim) by criminally reckless conduct and that the
circumstances of the conduct showed utter disregard for human life, you
should find the defendant guilty of first degree reckless homicide.
If you are not so satisfied, you must not find the defendant guilty of
first degree reckless homicide, and you should consider whether the
defendant is guilty of second degree reckless homicide in violation of §
940.06 of the Criminal Code of Wisconsin, which is a lesser included offense
of first degree reckless homicide.
Make Every Reasonable Effort To Agree
You should make every reasonable effort to agree unanimously on the
charge of first degree reckless homicide before considering the offense of
second degree reckless homicide. However, if after full and complete
consideration of the evidence, you conclude that further deliberation would
not result in unanimous agreement on the charge of first degree reckless
homicide, you should consider whether the defendant is guilty of second
degree reckless homicide.
Statutory Definition of Second Degree Reckless Homicide
Second degree reckless homicide, as defined in § 940.06 of the Criminal
Code of Wisconsin, is committed by one who recklessly causes the death of
another human being.
Difference Between First and Second Degree Reckless Homicide
The difference between first and second degree reckless homicide is that
the first degree offense requires proof of one additional element: that the
circumstances of the defendant's conduct showed utter disregard for human
life.
Jury's Decision
If you are satisfied beyond a reasonable doubt that all the elements of
first degree reckless homicide were present, except the element requiring
that the circumstances of the conduct showed utter disregard for human life,
you should find the defendant guilty of second degree reckless homicide.
In other words, if you are satisfied beyond a reasonable doubt that the
defendant caused the death of (name of victim) by criminally reckless
conduct, you should find the defendant guilty of second degree reckless
homicide.
If you are not so satisfied, you must find the defendant not guilty.
You are not, in any event, to find the defendant guilty of more than one
offense.
Copyright 2002, Regents, Univ. of Wis.
On 10/29/07, George Perkins <[EMAIL PROTECTED]> wrote:
>
>
> I am not a lawyer, but if I were one and then had a change of heart and
> took up a new career -
> Extreme Juggling - and was performing on stage juggling running chainsaws
> and accidentally missed
> - resulting in a bounced chainsaw severing an arm from a member of my
> audience with resulting
> blood loss leading to death - could I be found guilty of:
> a) criminal negligence, punishable by prison incarceration, felony record,
> fine, etc.
> b) civil negligence, liable for suit for damages
>
> I'm guessing the answer is b). Juggling loaded guns would also result in
> b) I'm pretty sure. Even
> our Vice President Dick Cheney got off without penalty when he shot his
> hunting companion.
>
> So while driving a car is not as profoundly stupid as juggling chainsaws,
> it is about as dangerous
> and predictably lethal if one is not paying attention... and society deems
> this not to be a
> criminal offense.
>
>
> --- [EMAIL PROTECTED] wrote:
> > Robert,
> >
> > If someone dies as the result of a gunshot, even if that gunshot is
> 'accidental', i.e. not
> > intentional, isn't that a crime? negligent use of a firearm or some such
> thing?
> >
> > If so, isn't the same true of an automobile? and if not, why the hell
> not?
> >
> > Either tool requires a certain degree of responsibility. Failure to live
> up to that
> > responsibility should be a crime.
> >
> > -darin
>
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>
--
Robert F. Nagel
[EMAIL PROTECTED]
www.nagel-law.com
634 W. Main St., #201
Madison, WI 53703
608-255-1501
608-255-1504 fax
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