Orlion wrote:Same with these two cases: just because you go to trial does not mean that you will be found guilty. But in such a case as this, where death resulted, a trial there should be (at least a preliminary hearing, fergodssake!).
Agreed, I tried to make this point up thread. There are two things being weighed here, the action and the consequence. The action results in a child's death (or harm) and as such breaks the law. The consequence of that is a trial to establish the degree of guilt, mitigating circumstance, etc and come to a conclusion about the who was at fault and what the penalty should be. A trial needs a prosecutor and defender to argue the case otherwise its just a hearing or inquest; thus "prosecution".
However emotive the tragedy is, at some point the legal process has to be followed. I say again, you can't play as fast and loose with the law if its about a patent infringement or tax evasion...... the law has to be applied equally. It may well be that the jury or the judge decide that the case is proven, but the circumstances warrant compassion. However, a record of the incident and the verdict stands so that you don't get some sad but fundamentally dumb individual taking a job the following week in a crèche.
If people behave stupidly this is not an excuse when someone else gets harmed.... I really don't know where this notion comes from that because it was an accident the person causing that accident is not the responsible party. If Billy is horsing around and breaks a window, its down to Billy to be responsible for its repair. If Billy is a cop and leaves his weapon around a child, in spite of his training, anything done with that weapon is his responsibility. If someone leaves their kid in the car on a hot day to cook slowly, or for any kidknapper or paedophile to find, the death or harm is their responsibility............ claim it was an accident, sure. But the accident was as a result of what they did or didn't do and as such is their responsibility: as are the consequences. The intent is for the court to evaluate.
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