A Duty of Care

Discussion in 'Politics, Religion, Social Issues' started by Peterkro, Jun 15, 2009.

  1. mac88 macrumors 6502

    Joined:
    Aug 7, 2008
    Location:
    Boston, MA.
    #2
    Whoops! :eek: Third degree burns? That is unfortunate and unreal that this happened.
     
  2. Gelfin macrumors 68020

    Gelfin

    Joined:
    Sep 18, 2001
    Location:
    Denver, CO
  3. skunk macrumors G4

    skunk

    Joined:
    Jun 29, 2002
    Location:
    Republic of Ukistan
    #4
    "Unfortunate" hardly does it justice.
     
  4. maestro55 macrumors 68030

    maestro55

    Joined:
    Nov 13, 2005
    Location:
    Goat Farm in Meridian, TX
    #5
    I hope the security guards and the private company being paid are prosecuted for this and that they are no longer allowed to transport prisoners. But even then, I am not sure if justice will be served.
     
  5. Don't panic macrumors 603

    Don't panic

    Joined:
    Jan 30, 2004
    Location:
    having a drink at Milliways
    #6
    i would imagine a charge of murder (or manslaughter as a minimum) is warranted.
     
  6. 63dot macrumors 603

    63dot

    Joined:
    Jun 12, 2006
    Location:
    norcal
    #7
    If grave bodily damage and intent can be found concurrently, then possibly murder 2 or the equivalent in Australia. Chances are if the outcome was unforeseen, then it's felony manslaughter.
     
  7. Tomorrow macrumors 604

    Tomorrow

    Joined:
    Mar 2, 2008
    Location:
    Always a day away
    #8
    Beyond "unfortunate" - I'd say "reprehensible."

    Didn't the article say the driver heard a "thud" coming from the back? Seems they would have known something was amiss?

    Not to mention that 250 miles in a vehicle that hot with 1 pint of water...sheesh.

    I was on the roof of a building with another engineer today, cooling towers spewing out hot, humid air as quickly as you please, a hot south wind at around 40 or so mph (at that elevation), generators belching out hot exhaust, and a 90+ degree F day here in north Texas - and about 45 minutes was all I could stand. And my wife's car's AC isn't working. I drank a 44 oz drink on the way home, and was still thirsty.

    This poor man never stood a chance.
     
  8. 63dot macrumors 603

    63dot

    Joined:
    Jun 12, 2006
    Location:
    norcal
    #9
    At the very least, this homicide (either involuntary manslaughter, voluntary manslaughter, murder 1, or murder 2) and this case is going to carry some criminal form of homicide. There is no doubt that there was a civil breach of duty and this is negligence (which is duty of care, breach of that duty, causation, and damages) but that's in the states.

    In Australian common law, we will see how this all pans out. I cannot see this ending without the company going out of business, the perps doing jail time, or both. This is not a slap on the wrist case imho. A homicide case can only be a misdemeanor manslaughter if, let's say, a conductor was operating a train which jumped the tracks, and killed somebody unseen.

    The foreseeability of the person in back getting injured was reasonable enough to be beyond a reasonable doubt, thus making this likely a criminal case. If the burden of proof was of a lesser standard, aka preponderance of the evidence (more likely than not), then it's a civil case.

    Not sure about Australia, but maybe this will be tried as a criminal case and a civil case, but not necessarily in that order, but both being heard. If I was prosecuting this case, I would give the perps that one-two punch (criminal and civil as in the OJ Simpson case in the states).
     
  9. Scepticalscribe Contributor

    Scepticalscribe

    Joined:
    Jul 29, 2008
    Location:
    The Far Horizon
    #10
    A horrific case and an attitude of corrosive contempt for the unfortunate (unconvicted) man displayed by the private firm which transported him in such atrocious conditions. I am tempted to conclude the criminal negligence would not have been quite so vicious if the man was not a native Australian. Obviously, it must be investigated and the perpetrators punished, but above all, the underlying cultural attitudes which allowed this to happen need to be addressed, otherwise such appalling cases will happen again.

    Cheers
     
  10. 63dot macrumors 603

    63dot

    Joined:
    Jun 12, 2006
    Location:
    norcal
    #11
    It's sad to hear that Australia still has this type of prejudice. As you probably know, our law enforcement in the US is still racially profiling certain groups and this has caused a lot of problems in race relations. Rodney King (where a black man was beat by a lot of cops) is not an isolated incident as this type of behavior still happens all the time. Hiring minority police chiefs has done little to change bad behavior.
     

Share This Page