Well, laws on something like this vary from state to state, so your mileage may vary, but using some generalizations, you’re looking at a couple of basic points legally.
First: It is repeatedly stated that Oliver is unaware that the strain is dangerous, despite the public being in a panic, footage of him spreading it on television, and a trail of deaths following him. He created the strain originally as a virus, and regardless of what may have happened in between, this is trademark Gross Negligence. Infecting oneself with an engineered virus and then travelling across country is something that a reasonable person would recognize as having the potential for trouble.
Second: Several TA’s attempted to stop him, an additional sign that the possible effects were known, and he should have been aware of them. He scuffled with them and “escaped” while they tried to stop him, ostensibly to protect others (That’s how the court will see it, especially). This would be Assault, and given that he was recklessly endangering the TA’s with the virus he should have known was dangerous, it would become Aggravated Assault. Given that the TA’s died from it, you’re looking at Constructive Manslaughter as well.
Third: The death toll of at least a dozen would represent a string of Criminally Negligent Homicide charges. Depending on the jurisdiction, and how well the prosecutor argues the case that Oliver should have known what was going on, these could turn in to Second Degree Murder charges for each person killed by the virus. For those killed in by trampling, say 3 of them, it would probably be Constructive Manslaughter, and a Reckless Endangerment charge could be filed for every single person Oliver caused to join to stampedes, and even every person he came in contact with if they wanted.
Four: The woman who died at home, it’s probably Second Degree Murder. By this point, after at least a couple days of causing mayhem across the nation, the fact that Oliver is “unaware” of the danger he is posing is irrelevant. He should be, and he’s showing a willful disregard for human life.
Fifth: The hit put out on him may be illegal, but has nothing to do with what Oliver is charged with. The news media, police forces, and private citizens are aware of what’s going on. Oliver should be as well. This is especially true if the virus is so virulent that it is killing people within minutes, and they’re screaming in pain during that time. The girlfriend thing is a red herring, and will not win much in the way of sympathy from anybody. Killing 15+ innocent people to try and save a single one is not socially acceptable.
To sum up minimum charges:
Two cases of Aggravated Assault
Five cases of Constructive Manslaughter
Nine cases of Reckless Endangerment, plus however many folks survived the stampedes.
Ten cases of Second Degree Murder
An assortment of charges of negligence, endangerment, illegal interstate transport of dangerous biological agents, escape and evasion, and whatever other state and federal crimes the prosecutors could come up with.
Adventure related legal question - a matter of justice
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Re: Adventure related legal question - a matter of justice
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Re: Adventure related legal question - a matter of justice
Daemon M wrote:I could use a bit of advice on an adventure idea I am working on - its a bit of a legal question actually. Any way here is the rough idea:
University Genetics student (Oliver Ditka) discovers/creates genetic sequenced virus to cure his girl friends fatal illness, sequence is linked through his own genetic material. Professor (Sam Chan) frames him for cheating to get him expelled and steals his research. Uses his own genetic material to blot out the student’s, but infects the sequence with Lupus. Student steals back his research infecting himself with the strain so he can save his dying girlfriend – as his original material is still in the sample it recognises his body as a host and does not attack it. Several students/Tas try to stop him from damaging the files but he escapes – Both T.A’s are infected with the strain after the student flees, being contaminated from the damaged petri-dishes dropped on the floor in the scuffle. The two T.A.s are quickly slain by the strain leaving only bones and slime.
Oliver is making his way cross-country to get to the hospice where his girl friend is, unaware that he carries a fatal rapid acting, flesh devouring strain of lupus. Several others die, one in a wash room – infecting others in his thrashing and screaming – as the infection site was on the back of his leg – the death toll is at least a dozen though a few were trample victims. One woman is killed in her home after giving Oliver a place to stay for the night – he kissed her good bye and left (closing the door), and was unaware that the disease was rapidly consuming her. The father (Samson Ortega) of the dead girl blames Oliver and wants him dead, paying off a swat team captain to get it done – he is very wealthy and is used to getting what he wants. Attempts to bribe 1 or more PCs through a third party to off Oliver for his crimes – says the kid will not face real justice. A reporter wants the real story and is tracking Oliver across country. The public is in a panic as the strains killing power was demonstrated on security camera at the entrance of the washroom as it spread from open wounds and physical contact killing people in a few minutes of screaming and writhing.
So after all that what would Oliver be charged with. What could he reasonably be found guilty of? (US law primarily though Canadian law works as well as I have not placed this anywhere specifically.)
Also this adventure idea was drawn from a book I read some 20 years ago, so its not entirely my idea. Character names are my creations - not intended to represent people living or dead.
Unless he can prove he didn't create the Lupus-infected strain; more than a dozen cases of negligent homicide, bioterrorism, theft, aggrivated assualt, etc...
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The answer to all your "not realistic!" questions. FIREBALL!
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I didn't say "rooster"
My masters were full of cheesecake
The answer to all your "not realistic!" questions. FIREBALL!
I am a King.
I am a Renegade.
I am a Barbarian.
I cry the howl of chaos.
I am the dogs of war.
Re: Adventure related legal question - a matter of justice
He'd be charged with breaking suspension of disbelief.