Fact of the case:
18 year old, Brigit L. Hippen has been charged with second degree murder. Her 3- month old baby died in February of 2010 due to hyperthermia. On a cold night Hippen thought to warm her baby up (or keeping the baby warm) by placing a blow-dryer on a nearby counter on low facing the baby’s crib. A while after officers were called out to an apartment near 23rd & Lorraine in northeast Hutchinson by relatives. The officers were called out due to the baby not responding. However, before officers arrived the baby had been taken to the hospital. Promise Regional Medical Center pronounced the baby girl dead prior to the arrival. 3-month baby, Karina Perez, had a temperature of 108 degrees prior to her death.
Legal Elements:
The best fit of the case in the Kansas Statue would be K.S.A 21-3404(a). This statue is for involuntary manslaughter. K.S.A 21-34-04(a) states: Involuntary manslaughter is the unintentional killing of a human being committed :(a) Recklessly.
This is the best fit due to the fact that the mother, Brigit Hippen, caused the death of the baby by accident
Factual Elements:
The act of the case is that Hippen was trying to keep the baby warm by placing a handheld blow-dryer near the baby crib. The defendants’ intent stands at negligence. This is because of the fact that the defendant meant to keep the heat of the blow-dryer on the baby. However, she did not intend to kill the child. The harm which was the baby dying, was due from hyperthermia was caused by the act of the blow-dryer being used to keep the baby warm. Therefore the act did concur with the intent.
Independent Evaluation:
In this case the prosecutors’ are struggling between involuntary manslaughter and second degree murder. The initial charge was involuntary manslaughter, which would be a lesser charge than the second degree murder. Both charges are defined with “recklessness or reckless behavior” however second degree murder includes “extreme indifference to the value of human life”. This would create a struggle to decide based off of the only facts given. In contrast I would argue that it shows Hippen was trying to care for the baby not harm her, which should be a lesser charge of involuntary manslaughter, and this too would be based off of the facts provided.
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