apparently while he was in class. his mother reportedly responded to that saying i'm not mad at you. just don't get caught next time. all of that makes a strong case for negligence. the question is can it make a case for a crime. will: real quickly jonathan, let's together look at two pieces of evidence. they will serve us in walking through this. you and i both know in any case it often falls back on one stand, one phrase, reasonable expectation, recklessness, whatever it may be. the nation is focused on abortion right now a issue viability. what's is it manslaughter. standards the prosecutors would have to prove what is the phrase that creates the burden for the prosecutor? >> they the silt under the last of the offenses for involuntary manslaughter of creating an environment likely to cause these deaths. will: okay. >> that's more than negligence.