• knightly the Sneptaur@pawb.social
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      5 months ago

      Burden of proof. Involuntary manslaughter doesn’t require prosecutors to demonstrate intent or malice aforethought.

      Why don’t highway engineers get charged with manslaughter when their designs result in death?

      • Dead_or_Alive@lemmy.world
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        5 months ago

        “doesn’t require prosecutors to demonstrate intent or malice aforethought.”

        The protesters displayed all of the traits you mentioned. By conspiring and planning to commit unlawful actions. The protesters displayed intent to break the law detain/disrupt the travel of innocent bystanders (illegal in itself) and potentially endangering their lives in the process (super duper illegal).

        Highway engineers can be charged with manslaughter if they display willful ignorance, intent to break the law or have demonstrated that they were deceitful in acquiring a position they were not accredited for. Generally speaking that is very hard to prove in court especially when dealing with a large corporation with legions of lawyers to back them up. Hence why it is rare.

        It is not so hard to prove with a dozen or so activists who have a history of such actions which are wildly unpopular and illegal. Hence why they are charged.

        But there are examples such as the recent Boeing 737 Max disasters where criminal culpability for engineers and managers have been proven. I’d argue the punishment or rather the settlement isn’t enough in this particular case, but that wasn’t your question. Your question was why aren’t they charged.

        • knightly the Sneptaur@pawb.social
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          5 months ago

          The protesters displayed all of the traits you mentioned. By conspiring and planning to commit unlawful actions.

          Are you talking about conspiracy to commit murder or conspiracy to commit minor traffic violations? XD

          Highway engineers can be charged with manslaughter if they display willful ignorance, intent to break the law or have demonstrated that they were deceitful in acquiring a position they were not accredited for.

          So the protesters would be innocent of everything except minor traffic violations.

          It is not so hard to prove with a dozen or so activists who have a history of such actions which are wildly unpopular and illegal. Hence why they are charged.

          With what, “disturbing the peace”? XD

          • Dead_or_Alive@lemmy.world
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            5 months ago

            I answered all of your questions, yet once again you fall back on downplaying the seriousness of the crimes they were planning.

            Putting “XD” at the end of every one of your statements doesn’t make them pithy, smart or relevant. It just shows me you’re pedantic to the point that you can’t string together a coherent argument without leaning on whatever the current zeitgeist is.

            Hopefully the law will prosecute those activists and put them away for a long, long time.