October 31, 201015 yr its not a crime it was a freak accident This hardly falls under the phrase, "freak accident." High wind gusts and a lift that is barely built to withhold moderate wind gusts, don't exactly go hand-in-hand, ya know. I'd say this falls under the terms preventable, negligent, and absurd, much more than "freak".
October 31, 201015 yr ND fans saying the kid should have come down are crazy. Are any of you college kids? I doubt it, but I am. My job doesn't put me or anyone I work with in any danger, but even if it did alot of us would still do it. It's because it's our job, and alot of us guys (and gals) would just suck it up and go with it. Most college kids I know, especially the ones who love college sports, would have went up there, no matter how scared they are. The kid did what he was told, because he loved the team and because it was his job. At this age, we aren't thinking about life and death. I'm sure he thought it would be scary, but I don't think he believed that whoever was in charge of him would put him up there if the lift had any chance at all of falling down. Holding a college kid liable for this, just because he is a legal adult is a joke and is really pathetic IMO. Someone at ND is responsible for letting him go up there, unless he set up the lift, stole the camera, and started filming on his own. This should be a criminal offense for the University, but it won't be. Some of the deaths in heat related incidents occur when the coach is at least attempting to take the right steps to prevent them. No one at ND had the common sense to stop this young man, and for that they should be held responsible to the full extent of the law. To me, this is manslaughter or something like it. And this is not because I hate ND or Brian Kelly, it's because someone died when a little caution from whoever was in charge would have prevented this entire tragedy.
October 31, 201015 yr Author What's the criminal charge? Criminally negligent manslaughter Criminally negligent manslaughter is variously referred to as criminally negligent homicide in the United States, gross negligence manslaughter in England and Wales. In Scotland and some Commonwealth of Nations jurisdictions the offence of culpable homicide might apply. It occurs where death results from serious negligence, or, in some jurisdictions, serious recklessness. A high degree of negligence is required to warrant criminal liability. A related concept is that of willful blindness, which is where a defendant intentionally puts himself in a position where he will be unaware of facts which would render him liable. Criminally negligent manslaughter occurs where there is an omission to act when there is a duty to do so, or a failure to perform a duty owed, which leads to a death. The existence of the duty is essential because the law does not impose criminal liability for a failure to act unless a specific duty is owed to the victim. It is most common in the case of professionals who are grossly negligent in the course of their employment. http://en.wikipedia.org/wiki/Manslaughter#Involuntary_manslaughter
October 31, 201015 yr Criminally negligent manslaughter Criminally negligent manslaughter is variously referred to as criminally negligent homicide in the United States, gross negligence manslaughter in England and Wales. In Scotland and some Commonwealth of Nations jurisdictions the offence of culpable homicide might apply. It occurs where death results from serious negligence, or, in some jurisdictions, serious recklessness. A high degree of negligence is required to warrant criminal liability. A related concept is that of willful blindness, which is where a defendant intentionally puts himself in a position where he will be unaware of facts which would render him liable. Criminally negligent manslaughter occurs where there is an omission to act when there is a duty to do so, or a failure to perform a duty owed, which leads to a death. The existence of the duty is essential because the law does not impose criminal liability for a failure to act unless a specific duty is owed to the victim. It is most common in the case of professionals who are grossly negligent in the course of their employment. http://en.wikipedia.org/wiki/Manslaughter#Involuntary_manslaughter It's going to be pretty hard to convince 12 people. Especially considering the kid was up there tweeting about how scared he was. Who do you even charge? Kelly? The AD? An assistant coach that told the kid to film? He never should have been up there in the first place but he easily could have came down instead of tweeting about it.
October 31, 201015 yr It's going to be pretty hard to convince 12 people. Especially considering the kid was up there tweeting about how scared he was. Who do you even charge? Kelly? The AD? An assistant coach that told the kid to film? He never should have been up there in the first place but he easily could have came down instead of tweeting about it. Good luck convincing anyone of this. We live in a society without responsibility for themselves, in any way shape or form. Everything that happens to me is entirely someone else's fault. I don't hold the university entirely blameless and I think that they will pay a good deal financially. However, I don't think that criminal charges are warranted.
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