its only guaranteed because of the amount of time the surgery took in the end. if it was shorter, it would have been averted. (say if it eas hour 10 or 20, would have been still negligent but they would probably be alive. the actual time was double that)
basically there was a chain of decisions and events that led to the deaths, but she still chose the one where the worst outcome was potentially death.
onslaught545@lemmy.zip 1 day ago
She did leave the car running, but it shut off after an hour.
It’s still super negligent to leave a 1 and 2 year old alone in public for 2.5h, regardless of the weather.
LifeInMultipleChoice@lemmy.world 21 hours ago
Well the conditioning part of the air turned off when the engine turned off. The police reported the air was still going but warm when they arrived. Meaning she murdered her child and will likely get off with some kind of child neglegence charge.
She deserves worse, but honestly I can’t see a judge thinking she won’t have already received punishment by losing her child.
onslaught545@lemmy.zip 18 hours ago
Murder requires intent. Her intent was that the car would be running the whole time she was in the appointment. That makes it negligent manslaughter.
LifeInMultipleChoice@lemmy.world 13 hours ago
I understand you just mean the term murder has legal definitions that vary. In California it may fall under this second section.
“Sentencing for Involuntary Manslaughter: Involuntary manslaughter, under Penal Code Section 192(b), involves causing a death without intent to kill, often through reckless or negligent actions. It differs from voluntary manslaughter by focusing on the lack of malice and intent. The law penalizes those whose careless conduct results in fatal outcomes.
Involuntary manslaughter is typically classified as a felony, with potential imprisonment ranging from two to four years. The court considers the defendant’s conduct and case circumstances, including the degree of negligence and foreseeability of harm. Restitution to the victim’s family for economic losses is often required, emphasizing the broader impact of the offense. Probation may be considered for first-time offenders or cases with mitigating circumstances.”