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Jackson's Role May Determine Doctor's Charges

(AP)
I'm not convinced that prosecutors would easily win a manslaughter case based upon what we now know. But if there was massive fraud in the creation of these aliases by Jackson so that he could get pills then the doctor or doctors involved might be in serious trouble for that, and that would be a much easier case to prove in court.

There are two components here. The first is whether the doctors violated their oaths and medial ethics rules that would put them in the doghouse with a licensing board. The other is whether their conduct constitutes a crime. And there IS some legal room between the two standards.

One key question no matter where the investigation goes from here is what role Jackson himself played in his own death or the steps leading up to it. If we DO see a criminal case here, one defense will be that Jackson knew the risks of taking all those meds and choose to continue to do so.

The doctor or doctors are going to be in trouble no matter what. The question is whether a provable crime was committed. So you can bet that prosecutors are going to be checking with independent, neutral medical experts to determine whether and to what extent Jackson's doctors crossed any ethical or legal lines-- remember the patient here apparently was a willing recipient of the medication.


(CBS)
Andrew Cohen is CBS News' Chief Legal Analyst and Legal Editor. CourtWatch is his new blog with analysis and commentary on breaking legal news and events. For columns on legal issues before the beginning of this blog, click here. You can also follow him on Twitter.

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