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The Construction Worker

rings48
Posts: 16
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7/23/2014 9:04:45 AM
Posted: 2 years ago
Say there is a construction worker on a steam roller, and he's chugging along, and for whatever reason, there is a baby in front of the steam roller.

And also, for whatever reason, the only way you can stop the baby from a squishy death, is to shot the construction worker dead.

1. Is it justified to kill him?
2. Is this a crime?
3. If it is a crime, what would be the charge?
4. What if it was your baby?

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TrueScotsman
Posts: 515
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7/23/2014 9:52:11 AM
Posted: 2 years ago
At 7/23/2014 9:04:45 AM, rings48 wrote:
Say there is a construction worker on a steam roller, and he's chugging along, and for whatever reason, there is a baby in front of the steam roller.

And also, for whatever reason, the only way you can stop the baby from a squishy death, is to shot the construction worker dead.

1. Is it justified to kill him?
2. Is this a crime?
3. If it is a crime, what would be the charge?
4. What if it was your baby?

Credts: Go to vanquish from madhax.net IRC

From a legal standpoint this is difficult.

In the lawful defense of the slayer, or his or her husband, wife, parent, child, brother, or sister, or of any other person in his or her presence or company, when there is reasonable ground to apprehend a design on the part of the person slain to commit a felony or to do some great personal injury to the slayer or to any such person, and there is imminent danger of such design being accomplished;
Source: http://apps.leg.wa.gov...
(Note: I'm from Washington State)

In this example, it wouldn't necessarily be possible to ascertain some kind of design on the part of the construction worker to cause great personal injury/death. He was doing his job in ignorance to the presence of the child being in front of him.

I would ultimately charge the person with second degree manslaughter.

A person is guilty of manslaughter in the second degree when, with criminal negligence, he or she causes the death of another person.
Source: http://apps.leg.wa.gov...

The criminal negligence would be on account of the fact that the person left their small baby at a construction site to be in the path of the steam roller. He then had to kill the steam roll operator in order to save his son, which was due to the fact of his own negligence.

If the construction worker were to kill the baby, it would be an excusable homicide.

Homicide is excusable when committed by accident or misfortune in doing any lawful act by lawful means, without criminal negligence, or without any unlawful intent.
Source: http://apps.leg.wa.gov...