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Criminal Law Keyed to Gershowitz
State v. Miranda
Citation:
245 Conn. 209, 715 A.2d 680Facts
Miranda began living with his girlfriend, the mother of the victim, and her two children in September 1992. The defendant was not related to either child but took care of them and considered himself their stepfather and referred to himself as such to others. In January 1993, Miranda was 21, the girlfriend was 16, her son was 2, and her daughter (the victim) was 4 months old. On January 27, 1993, the victim was taken to Meriden Veteran’s Memorial Hospital after Miranda made a call to 911 stating the victim was choking on milk. When staff examined the child at the hospital, they found 2–3 week old rib fractures, 7–10 day old skull fractures, a brachial plexus injury to the left arm, a rectal tear, and bilateral subconjunctival nasal hemorrhages. The injuries were created with deliberate force and would have been noticeable to those who saw the victim. The injuries would be noticeable as both physical deformities, the victim would have demonstrated pain, and her milk intake would have been reduced. The trial court concluded that Miranda was aware of bruises on her right cheek, the bilateral subconjunctival nasal hemorrhages, head swelling, the rectal tear, and the rib fractures. The trial court also held that Miranda knew there was a substantial and unjustifiable risk that the victim was at risk of death, but he failed to act to help the victim by either contacting the authorities, taking the victim to receive medical treatment, and/or guarding the child against further abuse.
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Topic Resources
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Assault