Orme, a Singing Bard wrote:
Let me preface this with - "I get it". On the surface, this whole thing FEELS obvious. I guess what I'm trying to do is get a grip on when it becomes criminal. Also, I get that law is not always clear cut - such as perjury or slander, there is a judgment.
Where the law is open to such, that's for a jury to decide really, because in almost any crime there may be circumstances surrounding it which make it either a crime...or not.
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The one where you have an adult engaging a minor, that to me is pretty easy to define, at least as some sort of type of harrassment, but can you hold them accountable for manslaughter. I just don't know - it seems hard.
There's a concept in criminal law...which dumbed down amounts to this...should you have reasonably forseen the potential risk, even if you didn't want the outcome or weren't remotely trying for the outcome.
An analogy is...bottle rockets are illegal. Someone who fucks around with them and burns down a house, and it kills 2 people...well shit they were just fucking around with fireworks, right? How many people fuck around with illegal fireworks?!
And yet...under the law they're responsible for the deaths. It's not going to be 'murder'. It will fall under one of the lesser charges...but they ARE responsible.
Okay so we have someone's actions here, suicide. Well, in California a few years back there was a case where someone (drunk) hit a car and caused serious injury to a woman. She died. She was a Jehovah's Witness and refused some medical treatment. The guy argued that it was HER CHOICE that killed her, not him! Not a bad argument. One problem with it...but for him, she wouldn't be there. (The main problem with it in that case was that he couldn't prove she'd have lived otherwise, and the medical evidence leaned towards her dying no matter what).
My point though is even a person's choices may have little impact when it's Hobson's choice for them.
If this child were an adult...eh, much more difficult to prove. A child? Children don't have the mind of an adult, we treat them much differently. And this was a child at medical risk for self harm due to a medical diagnosis that the other adult was aware of.
The factors that the other adult was aware this was a child, knew the potential risks...leads to criminal liability.
Except...it doesn't. There was no law in place at the time. They bent the shit out of some existing laws, but clearly they bent it too far. The outrage was very much a 'we all get it'. What she did was wrong, and there should be criminal penalty for it. HOw much? ...IDK.
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If someone posts on here "shoot yourself", and the person does, can that person be held accountable. At want point do you draw the line.
We're not dealing with a slippery slope tho. If you have a shotgun in your mouth and I'm all LOL DO EET! that's quite different from me telling you to go shoot yourself in general. A good analogy are those people who watch some dipshit OD on cam and egg them on. Are they accountable? So far...no. Should they be? Again, I don't know. We don't prosecute assholes who scream 'JUMP!' There's also a huge question of accountability. In every OD case that *I*'m aware of (with the online eggers on) the main reason for lack of prosecution is plausible deniability (the person claimed to do it previously and didn't) and the fact that the person doing it had expressed suicidal wishes and attempts OUTSIDE of that sphere previously. In other words the eggers on were more audience than cause. =\
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I dunno... I hear it and it feels obvious, I'm just wondering how you address it in a legal sense.
I think there will be enough wiggle room for a jury to get the obvious. I hope so in any event. And there's always civil court, which isn't as much 'justice' but allows at least for a monetary penalty...if nothing else. =\
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This reminds me of that episode of Dexter where the psychologist talks his patients into suicide.
Haven't seen that episode but I stopped watching Dexter early season 1 (I had read the book).