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杰克逊死因之谜:是否真是他杀?

2010-02-09来源:和谐英语

迈克杰克逊医生于周一被起诉“过失性杀人罪”,目前他处于保释状态,将于四月开庭正式接受审判。已故歌王到底是不是他杀,目前仍无定论,而争论的焦点就在于“过失性杀人罪”能否成立,那么何为“过失性杀人罪”?

来自法律界的专家称,检察官如果要陪审团成员相信杰克逊的私人医生的确犯下了此罪,他必须证明医生在对待杰克逊的病情上“冒了不必要的风险——而这些有风险的行为、换做其他医生就不会去做。”

法律专家还表示:“‘过失性杀人’和‘渎职’不同,导致杰克逊死亡的行为必须是完全无理由做出的。”

结果如何,我们拭目以待。


What is involuntary manslaughter?

To prove involuntary manslaughter, prosecutors will have to convince jurors that Michael Jackson's doctor took risks he shouldn't have -- and that other doctors wouldn't have, legal experts say.

"It's not the same as malpractice," said Laurie Levenson, a professor at Loyola Law School. To prove a physician's actions are criminally negligent, she added, "it has to be really extreme for no good reason."

Jackson, 50, died on June 25 after Dr. Conrad Murray gave him several prescription medications over the course of a sleepless night, according to court records.

Murray, who was treating Jackson at the pop star's rented home, told police he then gave him 25 milligrams of propofol, a powerful anesthetic. Within minutes, Jackson was unconscious and had stopped breathing.

Murray, a cardiologist, told police he was worried that Jackson was becoming addicted to the drug and tried to wean him off it, according to a search warrant affidavit filed in the case.

Police recovered several bottles of propofol from Jackson's bedroom and from Murray's doctor's bag at the home. A search warrant executed last July on Murray's Las Vegas, Nevada, home and business turned up a receipt for propofol purchased on May 12, 2009, from a Las Vegas pharmacy. The propofol in Jackson's home was later linked by the manufacturer to bottles from the same as Vegas pharmacy.

Some legal experts say the fact that Murray was trying to get Jackson off propofol, also known as Diprivan, can be interpreted to imply he was aware the drug was harmful to his patient. It could be a key element in the prosecution's case.

"If you're thinking like a prosecutor, you can say he was completely on notice about the dangers of propofol," said Levenson. "He cut back the amount. He knew he was dealing with a very dangerous drug. Yet he administered it in Jackson's house without the proper medical equipment."

The drug should only be administered in a hospital setting, said an expert consulted by cnn.

"Propofol is very potent," said Dr. Bruce Spiess, an anesthesiologist at Virginia Commonwealth University. "The difference between what makes you unconscious and what makes you stop breathing is very little."

Murray is not the first physician to have provided propofol to Jackson, according to the search warrant affidavit. Jackson called the anesthetic his "milk."

Spiess, who is considered a leading expert in the field, said propofol is, indeed, milky in consistency and doctors refer to it "milk of amnesia" and "milk of anesthesia."