but when my back hurt, cooking all day. forget about it. tylenol was ok, but it was 6 pills a day. but aleve is just 2 pills all day. and now, i m back! aleve. if you use your analogy, let s talk about a hospital setting, where a well intentioned surgeon takes the life of a patient. it was a mistake, they don t get charged with manslaughter. it s recognized as a medical error. nurses give the wrong medication, it takes a life it s an error, it s negligence but it s not criminal. joining us now is eugene o donnell, professor of law and police studies at john j. college and a former nypd officer, also joining us is david harris at the university of pittsburgh school of law. what s your reaction to that line of defense that we just heard? it will never work.
if mistake was a defense against manslaughter charges, then the thousands of people we have around the country who are in jail serving time tonight for automobile accidents, that resulted in death wouldn t be there. every one of those was a mistake? no. many of those are duis or some kind of wrecklessness. that doesn t apply here. if you use your analogy, let s talk about a hospital setting, where a well intentioned surgeon causes an injury that takes the life of a patient. it was a mistake, they don t get charged with manslaughter. it s recognized as a medical error. nurses give the wrong medication. it takes a life. it s an error, it s negligence but it s not criminal. this is no different, this was a professional on duty, trying to render aide and made an error. it s clear, i don t think it s debatable. you did use the word negligence. that s in the oklahoma manslaughter statute, culpable