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Commonwealth v. Berggren Supreme Court of Massachusetts 1986

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Commonwealth v. Berggren Supreme Court of Massachusetts 1986

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    1. Commonwealth v. Berggren Supreme Court of Massachusetts (1986)

    2. What is “negligent” homicide? If someone’s gross carelessness results in a death, the charge can be “negligent homicide” even though there was no intention to kill anyone.

    3. What is the legal concept of “foreseeability” and how is it relevant to the outcome of this case? In both criminal and civil litigation, when a defendant is being held liable for the consequences of their negligence, those consequences must have been reasonably forseeable. Should you know that running from the police could cause death or injury?

    4. What is the legal concept “proximate cause” and how is it relevant to the outcome of this case? Something which produces a result, and without which, the result could not have occurred. Note the “but for” test from civil negligence cases. The officer would not have been killed if the defendant had not tried to escape.

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