(04-05-2021 08:40 PM)WKUYG Wrote: Your death was the affect of a person committing a felony which is a worlds of difference than breaking a "work" rule. The person being charged with your death would also need to be charged with a felony charge along with the murder charge...
show me where's that the case with Derek Chauvin? The DA will have to prove the action/pressure caused the heart attack. It really is that simple. Or at least it should be if we are going by the law.
No getting around that the cause of death is Heart Attack. Are you saying that if 1000 other people were put on the ground (asked to be there) and treated the same way...
1000 going to die? 900 deaths? 500deaths? 100 deaths? 10 deaths? Or is it only those with enough drugs in their system to kill them and with a enlarged heart from past drug use and with Covid.....
that die?
Neither of us are attorneys in that state... so perhaps its just a question of perceptions. I'm pretty sure I've seen lawsuits where the concept of 'taking the plaintiff as they are' or something like that has been the driver of these decisions. What you describe therefore goes to INTENT or REASONABLE EXPECTATION which to my understanding changes the charge, but does not change the responsibility.
What I mean is that just because he didn't expect that his decision to maintain a 'submission' hold as opposed to making sure that he could breathe would kill him, doesn't mean that he is not guilty of some form of negligence or disregard... which are criminal elements.
The violation of policy only comes in to play when assigning the blame. Had he followed protocol and it happened, whatever charge is levied applies more to the entity that wrote the rules. If he breaks protocol, the charge belongs more to him. It doesn't have to be a felony charge.... and I don't mean more and less as in 50/50... I mean more or less as in... if it WOULD have been 80/20 in one case, it could be anything from 79/21 to 0/100. 'More'.
And while you may not like my example, the position of police and healthcare workers is somewhat unique... because you are very much at their mercy... which isn't the case in 'regular' world.
How about this... a hospital kitchen employee decides that he doesn't like a patient who happens to be on his death bed, or maybe he just thinks the following would be funny, so he puts cayenne pepper on something that doesn't normally contain cayenne pepper. The employee doesn't know that the patron is allergic... and he dies.... and was going to die anyway
Is the employee off the hook?? The guy perhaps had hours to live anyway. The Hospital is also liable, but they will note that the employee violated policy to reduce their culpability.
I guess we will find out.