Re: Adventure related legal question - a matter of justice
Posted: Mon Sep 28, 2009 9:39 pm
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.
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.