Kansas V Davidson

654 Words3 Pages
Kansas v. Davidson 267 Kan 667; 987 P2d 335 (1999) By Supreme Court of Kansas Facts: Eleven year old, Chris Wilson was killed by the defendants Sabine and Jeffrey Davidson while waiting for the bus.Stated by the legislature as "the killing of a human being committed . . . unintentionally but recklessly under circumstances manifesting extreme indifference to the value of human life." Based on the childs death, the defendants ( Davidsons) was charged with reckless second degree murder by the appellate court because they refused to keep their dog in the fence which later cause Chris life. Which leaves Sabine with 12 years in prison. Legal Question: Can a murder conviction be based on mere neglient conduct? The court's decision(holdings): The reasoning for their decision: The defendants was charged with reckless second-degree murder. Based on information given from the previous experiencing with the Davidson family knew about their dogs behavior but never took the chance to fix it or see for themselves. There was about six or more other incidents that lead to the killing of Chris Wilson.All seemed as if there was some kind of problem that needed to be fixed. The main problem was watching and making sure their dogs was fenced in. The disposition of their decision: The appellate court was Affirmed after trial. Davidson was charged with reckless second-degree and child endangerment because of Chris death. Based on the evidence Davidson knew her dogs kind of actions but didnt take charge by training them. Opinions: (Dissenting and Concurring) Davidson was charged with reckless second degree murder and child endangerment. Sabine tried to say that didnt know her dogs would act like that, so she said she was not guilty and wanted to appeal that she was not guilty. The Davidson was told once that the dogs need to be fenced in, then the second time they needed a chain but
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