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Criminal Law Simons, Volume III
State v. Williams
As you read Williams, consider the following questions:
- What crime were the defendants charged with? What is the minimum mens rea for that crime in Washington?
- What happened? What did the defendants do (or not do)? During the two weeks that the baby was ill, what did the defendants know and at what point did they know it? What should they have known and at what point should they have known it?
- Walter and Bernice Williams both testified that they didn't seek medical attention for the baby, in part, because they feared that the Welfare Department would take the baby away. Do you think that belief was reasonable? For some background on the cultural and historical factors that may have led to the Williamses' belief, see this description of the Indian Child Welfare Act of 1978: https://www.nicwa.org/about-icwa/.
- Do you think the Williamses should be convicted of homicide? Why or why not? What punishment do you think they should receive?
- Do you think negligence should be enough for criminal responsibility? What are the utilitarian and retributive arguments for and against?
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