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Posted by Bill S on August 16, 2007 at 5:57:14 pm EDT
In reply to NOLS director killed by rock trundled by hiker posted by Bill S on August 16, 2007 at 11:30:34 am EDT

The legal term for what he did is "negligence". If the courts decide he was legally negligent, then there are legal penalties prescribed by law. If someone has an automobile accident that results in someone else's death, they can be found guilty of manslaughter or 2nd degree homicide, depending on the exact circumstances (and the jury). If I recall, FMD, you are in California, and thus surely aware of a number of cases recently where the person involved was extremely remorseful, but still found guilty of manslaughter or negligent homicide and sentenced to a period in prison. A couple of these cases involved parents whose negligence resulted in the death of their children.

Yes, I know, a large number of those heading into the outdoors fall into your characterization -
"...for quite a few people out there, they really dont know. Hence ignorance. How many of us can say that they never had a object tossed down towards them while they were climbing? I know that I have. A vast majority of people are visiting the outdoors now and these people has little to no training at all on how to conduct themselfs while in the outdoors. Criminal? I dont think so, just plain ole ignorance."

The legal system has decided in many cases that this is indeed criminal, whether you call it ignorance or negligence. Maybe the benefit to society, if society remembers the incident beyond the few minutes of coverage on the evening news at all, is that some of that vast majority to which you refer will become aware that you don't throw or roll rocks down the mountain or over a cliff under any circumstances.

Should he be incarcerated? Well, do you think the parents whose negligence resulted in the deaths of their children should be incarcerated? Do you think that the young woman whose moment of inattention while searching for a CD to put in her pickup's player resulted in the deaths of 3 bicyclists should be incarcerated? Gee, I'm sorry I ran over your child when he ran into the street, but I was busy making a call on my cellphone. Gee, I'm sorry your wife was killed when I was shooting my rifle for target practice in my backyard. Same principle - if damages result from your negligence (whether death, physical injury, or property damage), you pay, and as the old saying goes, ignorance of the law is no excuse.

Ok, FMD, I do indeed recall that you want to argue for the sake of argument. I think the principle is clear. If it were my negligence, I would personally feel very bad, but I would acknowledge that I would have to pay the price for that negligence. So rant and troll on - I've said my say.

Replies

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• Re: NOLS director killed by rock trundled by hiker - FMD 07:06:29 08/17/2007
  • Re: NOLS director killed by rock trundled by hiker - Jim S 00:12:03 09/28/2007
• Re: NOLS director killed by rock trundled by hiker - FMD 22:25:46 08/16/2007

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