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Plaxico as teaching tool: omission liability, complicity, prosecutorial discretion . . .

By Douglas A. Berman

As all my students know too well, I love high-profile criminal cases because they provide great teaching moments (and perhaps great exam hypotheticals).  And, thanks to more legal developments today, the Plaxico Burress case just keeps on giving. First, consider this new story from Newsday, headlined "Doctor who treated Plaxico suspended, facing charges."  Here are the highlights: If the doctor at the center of the Plaxico Burress nightclub shooting is prosecuted for not reporting the gunshot wound to police, she will be just the fourth person charged with such an offense since 2000 in New York State, according to authorities. Dr. Josyann Abisaab has emerged as a sidebar to the case in which Burress accidentally shot himself in the right thigh inside the midtown nightclub Latin Quarter early Saturday morning...continue to full post

Full post as published by Sentencing Law and Policy on December 04, 2008 (boomark / email).