CORE CRIMINAL LAW SUBJECTS: Defenses: Accident

2001

United States v. Marbury, 56 MJ 12 (a claim that the victim’s injury was an accident did not raise a viable defense to an offer-type assault with a dangerous weapon where the question is whether appellant’s threatening conduct with the weapon created in the mind of the victim a reasonable apprehension of receiving immediate bodily harm, not whether it caused the injuries).

2000

United States v. Davis, 53 MJ 202 (for the defense of accident to be reasonably raised in connection with driving a car, the evidence must show that the driver was driving carefully, lawfully, and without neglect).

(an instruction on the defense of accident was not required where appellant, who claimed that his child was fatally injured because she was not properly secured in her car seat when appellant swerved to avoid a traffic accident, admitted that he was negligent by failing to properly secure the child in the car seat).

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