Legal theory question: what's it called when...?
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Legal theory question: what's it called when...?
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Man A. starts a fire at a restaurant, then leaves.
Man B. sees the fire, and pours gasoline on it. The resulting explosion kills everyone in the restaurant.
Who's responsible for the deaths of the patrons? Man A., or Man B.?
In insurance, "comparative negligence" refers to shared liability, but that's not what I'm after.
Is there a legal term or theory that best describes or applies to this situation? One that assigns blame either to one party, or the other, or both? --Probably some kind of latin term (?).
Seems to me that the issue of "inevitability" comes into play:
It's *possible* some may have died due to the fire being set, but it's also *possible* all could have escaped without injury. But it's reasonably *inevitable*, that after an explosion, all within a certain distance would be killed.
--Why am I right, or wrong?
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Lt1
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Man A would be guilty of First Degree Arson for setting fire to a structure where persons are present.
Man B would be guilty of (X) counts of murder/manslaughter, as the people died as a result of him pouring gasoline on the fire.
If Man A had not started the fire, Man B could have thrown the gas on the grill in the kitchen and achieved the same result.
Or both could be guilty of the same crimes if they acted in concert with one another. |
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Tony
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England and Wales answer.
Man A is guilty of Arson with intent to endanger life or arson being reckless as to whether life would be endangered.
Man B is guilty of Murder if he intended to cause the explosion and kill the patrons or Constructive Manslaughter (doing an unlawful or dangerous act that causes death) if he knew that he was pouring petrol. If he thought it was water then he'd be guilty of no crime.
Having said that, and law theory questions often neglect reality, if a man is standing in a restuarant, pours petrol on a fire and causes an explosion that kills everyone, he'd be hard to prosecute because he would have been killed as well! |
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James T
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Man A would be charged with arson, and if the building had inhabitants, reckless endangerment.
Man B would be charged with voluntary manslaughter, or if he actually had the intentions of homicide, murder.
It was not Man A's intention of killing anyone, but was a result of Man B's actions. Unless they both planned to do this, then the judical system would put conspiracy on there, and if they both ment to kill, conspiricy for murder in the ____ degree.
You are right, but you are discribing the situation, not giving a punishment for the others.
(Good luck!) |
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