Commonwealth v. Sanders

The three-judge panel produced three opinions, the opinion announcing the judgment of the court, a concurring opinion and a dissenting opinion. In this case, a SEPTA bus driver was convicted of homicide by vehicle after killing a pedestrian in a cross walk. The mens rea proved to be a thorny issue, with no judge agreeing with the others’ assessments of the issue. In the end, the Court vacated the convictions, finding that the Commonwealth failed to establish recklessness. The case provides a fabulous treaty on mens reas that often get overlooked in criminal cases: reckless, negligent and careless.

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