UcMiami
How it is
- Joined
- Aug 26, 2011
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I guess I would disagree - to take a simpler and maybe less emotional comparison:Yeah but Tsarnaev was sorta' caught with his hand in the cookie jar. All I'm saying is that the facts are not all in when it comes to West Fertilizer. I certainly wouldn't have a problem if a court finds that the corporation was negligent. Until that happens I'm just not going to point a finger.
In any case my dispute with the comparison has absolutely nothing to do with guilt and everything to do with the difference between accident due to negligence (if that is what happened) and intentional murder. IMO not even in the same universe.
Person A: gets in their car and deliberately drives it at speed onto a crowded sidewalk killing 2 people and wounding 10.
Person B: gets in their car having been drinking all night and drives their car by accident onto the sidewalk killing 6 people and wounding 10
Person C: gets in their car knowing that the brakes are bad and the tires are bald and that it could not pass inspection and loses control of his car at speed crashing into a van killing 6 people and injuring 10 others who ended up in the ensuing pile-up.
Person A intended to kill and maim, persons B and C had no intention except to get home, but by there negligence and breaking of the laws and regulations ended up causing much more damage than person A.
So is person A more culpable than B or C, yes. And person A will probably be punished more severely than person B or C, but B & C will be punished quite severely.
The bigger problem is - change the cause of Person C's accident from bald tires and bad brakes to faulty parts and bad vehicle design that was know by the corporation that built and maintained the vehicle and the result is that maybe the corporation will be fined or the victims/families may get a cash settlement. But that will not happen before years of legal obfuscation and delay. And the people who knew that the car they built and maintained was unsafe and could malfunction in critical situations will not be punished at all.
On Edit -
Do not dismiss this example as 'hypothetical' as A, B, C (corporate) have occurred at various times and in various guises in the US in the not so distant past.