Negligent or Reckless homicide? Case: X is the leader of a spiritual cult. X believes that X can heal the sick by killing them with a knife and then bringing them back to life as a “new human being.” X has never actually performed “spiritual healing” although “healing by death” is a central part of the cult. Y is a long-time member of the cult and has a fatal disease and the doctors give Y a month to live. Cult members live in a common compound and live all aspects of life within the compound. Many have been raised from an early age in the cult. X and the cult gather for the ritual killing of Y. X stabs and kills Y and then finds that Y cannot be brought back to life. Is X guilty of reckless or negligent homicide? Interpretation: The way I see it, X is guilty of negligent homicide. Reckless homicide is a reckless disregard for the safety/lives of others. However, X thought this would work. I think it would be reckless homicide if X had done it before and had been unsuccessful, but this is his first killing. Is this the right way to think about it? Is there a law or case that applies to this to strengthen my reasoning?
This assumes there is a difference under the law between reckless and negligent homicide (which does not exist everywhere). In Washington state there is a distinction between 1st and 2nd degree manslaughter, per RCW 9A.32.060 and .070. What could be called reckless homicide is when (a) He or she recklessly causes the death of another person; or (b) He or she intentionally and unlawfully kills an unborn quick child by inflicting any injury upon the mother of such child. and 'negligent homicide' would be A person is guilty of manslaughter in the second degree when, with criminal negligence, he or she causes the death of another person. The distinction is laid out in RCW 9A.08.010, compare A person is reckless or acts recklessly when he or she knows of and disregards a substantial risk that a wrongful act may occur and his or her disregard of such substantial risk is a gross deviation from conduct that a reasonable person would exercise in the same situation. and A person is criminally negligent or acts with criminal negligence when he or she fails to be aware of a substantial risk that a wrongful act may occur and his or her failure to be aware of such substantial risk constitutes a gross deviation from the standard of care that a reasonable person would exercise in the same situation. However, it is important to know what "knows" means: (i) he or she is aware of a fact, facts, or circumstances or result described by a statute defining an offense; or (ii) he or she has information which would lead a reasonable person in the same situation to believe that facts exist which facts are described by a statute defining an offense. The fact that X has manufactured a nutty belief that killing a person doesn't lead to death does not override the fact that a reasonable person would know that stabbing a person in the heart will in fact kill them, and is murder. You could put that in contrast to the situation where he has a belief that stabbing a victim in the butt will cure him, and he is unaware that the victim's heart is freakishly in the wrong place, near his wallet – that would be negligence (being unaware). In general, you aren't given legal credit for having bizarre beliefs about how the universe works, unless it can be turned into an insanity defense.
In Illinois: The General Assembly has established numerous protections for the generous and compassionate acts of its citizens who volunteer their time and talents to help others. Basically, if you are a licensed medical profession, or have had successful training in CPR provided by the the American Red Cross or the American Heart Association, and you try in good faith to save somebody's life and fail, you are not liable for their death, under the assumption you did not cause harm in the first place (i.e. you can not stab someone in the chest, attempt CPR, and be exempt from lawsuit(s)). Note that this doesn't apply to just CPR or physicians. This also covers dentists, Pharmacists, Optometrists, Physical Therapist, etc.
In context, the answer is clearly not. The precise reason that this is the case, requires a somewhat more sophisticated theory of what is going on than the Economist article cited seems to provide. The most useful analogy to apply to a situation when a river or forest or some other non-sentient being is given legal personality would be the relationship of a guardian and ward. A guardian for a ward can be appointed by a court or other person with a special relationship to the ward (e.g. a parent or deceased parent for a child, or a spouse for an older person, or an indigenous tribe for a river), to look out for the best interests of a ward (sometimes at public expense). A ward could be a minor, or a person with advanced dementia, or otherwise unable to personally take legal action on their own behalf. In this case, the ward is a river. You couldn't prosecute a river criminally or for most civil obligations (e.g., breach of contract and torts) for its own actions for the same sorts of reasons that you couldn't prosecute a six months old, or an individual in a coma, on that basis. A person such as that could neither have capacity to contract nor form the intent necessary to commit a tort and be legally responsible for that tort. In the same way, the river doesn't actually walk into court, or sign affidavits, or sign contracts, or anything like that. Instead, it acts through a fiduciary appointed to act on its behalf in its best interests (in the environmental law context (also here), such a guardian is often called a "Lorax" after the character in the Dr. Seuss book, "The Lorax" who says "I am the Lorax. I speak for the trees. I speak for the trees for the trees have no tongues."). It merely has the capacity to sue, much like a corporation or a trust or a probate estate or a guardianship estate, through a fiduciary appointed on its behalf, and is granted legal standing in cases related to it. If the river enters into contracts through its guardian, however, for example, to provide irrigation water to a company in exchange for the company ceasing to pollute it, that contract would probably be enforceable by specific performance, at least (the river is probably judgment proof, so a suit for money damages would be futile anyway), in a suit to which the guardian would be made a party and have standing to raise defenses.
As a preface, while the best course of action isn't always clear and the reality of implementing some solution is often rocky, the bipolar diagnosis situation you describe is probably the single most common situation in which legal arrangements must be made for an adult child, and is almost as common as the need for children to make legal arrangements for the care of their declining parents. You aren't the only one going through situations like these. Probably 0.5%-2% of people in any given area experience bipolar, usually starting in adolescence or young adulthood, and difficulties managing it of the kind that you describe are the rule and not the exception. Also, just ignoring the problems you describe is a very bad idea. Premature death either from suicide or bad judgment related to the bipolar diagnosis is all too common in these situations. It is serious business, not something that should be thought of as bad character, or futile to do anything about, or blameworthy. It just is, and if someone doesn't do something when the plan gets off course, serious consequences often follow. There are really several intertwined issues present here. Realistically, given the nature of the concerns expressed, a limited guardianship may be necessary to accomplish the goals expressed. What Are Medical Powers Of Attorney? A healthcare or medical power of attorney gives the person who holds it (who is called an "agent" or "proxy") the authority to make medical decisions for someone called the principal (i.e. John Smith) when the principal lacks the capacity to give informed consent at that very moment to do so. This is because a power of attorney is an inherently revocable document expressing the wishes of the person writing it. You generally can't bind yourself in the future without court approval or a contractual relationship with a third party which a power of attorney is not. It isn't uncommon for medical personnel to decide on the spot when to and not to listen to someone with a medical power of attorney based upon how mentally competent the patient seems at the time on a decision-by-decision basis. For example, they might defer to the medical power of attorney agent when the patient is unconscious or heavily drugged, and listen to the patient when the patient is conscious, not drugged, and not acting erratically. Parents, incidentally, do not automatically have this authority, nor do spouses. A medical POA is a document that allows the agent to say "yes" when the patient (i.e. John Smith) cannot. Another name for a document that is very similar and sometimes used is a "health care proxy." It would typically cost a few hundred dollars to $1,000 to have a medical power of attorney drawn up after discussing the situation and the principal's needs in a meeting with a lawyer and might take an initial meeting and then a second one at which the document is signed after it is prepared following the initial meeting. Other lawyers might manage this in a single meeting and draft it while you wait. If all you need is a power of attorney, don't be penny wise and pound foolish by doing it yourself, unless the form is provided to you by the health care provider you will spend most of your time dealing with and they prefer their own form. Otherwise, the likelihood that you will have to pay more to a lawyer later cleaning up your own mistakes probably exceeds any money that you will save. Other Kinds Of Authorizations Many medical providers will allow someone to act on behalf of a patient in matters other than matters that call for the kind of medical decision that would normally require the informed consent of the patient, even when the patient is not manifestly incapable of making medical decisions at that very moment. This could simply be a note in the file that the patient has given that person authority to do so, it could be a written authorization to access HIPAA protected personal health information of the patient, and it could be a variety of other things (e.g., authority to make financial arrangements). Some of this is often incorporated in the same document as a medical POA. Picking Up Controlled Substances A Medical POA may, or may not, necessarily be sufficient to authorize someone to pick up a controlled substance on behalf of a patient if the patient is physically able to do so, without the presence of the patient. I don't know what the true rule of law under the controlled substances acts and pharmacy regulation is, but I do know that practice in real life varies quite a bit. The best practical solution to the issue of picking up controlled substances would be to ask the usual pharmacist what they require and to comply. (A legal guardian would generally have the power to pick up controlled substances for a ward.) Guardianships and Limited Guardianships What Is a Guardianship? A guardian of the person is someone appointed by a court who has the authority to make medical decisions and other personal life decisions for their ward (i.e. John Smith), even contrary to their apparent stated wishes. A guardian has the authority to say "yes" and also to say "no" to the expressed wishes of the ward, overruling the ward. A guardianship of an adult can be general, or can be limited on a customized basis. A guardian must be appointed by a court with jurisdiction over these cases, usually in the county where the ward resides. But, a guardianship can be requested by the ward as opposed to contested. Realistically, a court would be unlikely to grant a full guardianship or a contested guardianship in these circumstances, but might grant a limited guardianship with the consent of the ward in these circumstances. The parents and possibly any siblings, would have a right to notice of the proceedings and to object or to seek to be appointed instead. What Process Is Involved In Having a Guardian Appointed? This would realistically be a proceeding that should ideally involve a specialist lawyer (with experience in mental health or elder law and guardianships) and at least one medical professional's statement (probably a treating psychiatrist or psychologist). There would also probably be a court investigator or guardian ad litem appointed at the ward's expense, to confirm that the facts represented in the petition to have a guardian appointed really reflect the ward's intent. Usually, a proposed guardian selected by the adult ward during a lucid interval would have priority for appointment. The medical professional and lawyer should be able to provide good suggestions regarding what the scope of the limited guardianship needs to be, although don't ignore or fail to give full credit to your own layperson's practical understanding of the situation either. The guardian would have to provide information to the court in connection with the petition showing eligibility to serve (e.g. criminal record check, credit check, CV, nomination by ward). Often the guardian would have to demonstrate good intentions towards the ward in some way, especially if the guardian is a third party and not someone who serves as a guardian as a livelihood. Some courts would require the guardian to have insurance for liability in connection with the task or a surety bond up to some dollar amount. The final decision would usually be made in an in-person hearing at which the ward, the proposed guardian, the proposed guardian's lawyer, the medical professional, the guardian ad litem or investigator, the judge, a court clerk, a court reporter, and any family members who chose to appear (with their lawyers, if any), were present. If the guardianship was granted, perhaps with modifications requested by the judge to the terms of the guardianship, then the Court would issue what are called "Letters" that formally appoint the guardian to the post. Once appointed, the guardian would have to file periodic status reports with the court and would also be subject to the court's jurisdiction in the event of any future dispute regarding the guardianship, or any allegations of misconduct by the guardian, or any circumstance that requires court approval such as a change in the terms of the guardianship or in the person serving as guardian. The procedural details I am describing are approximate and aren't necessarily up-to-the minute correct, and might vary somewhat even from court to court within California under local rules and customs of practice; but they give you a gist of what the process would be like if it is working properly and with best practices. Typically, this might cost $3,000 to $10,000 all in for an uncontested proceeding, and many times that much in the event of a contested attempt to have a guardian appointed. Health Insurance Eligibility I'll defer to someone else's answer regarding health insurance eligibility, as I don't have time to look into that at the moment. My instinct is that this wouldn't be a problem in any case except a guardianship and probably wouldn't be a problem even in a case with a third party guardian, but I can't confirm that without doing research.
The English version of the law says By a maximum imprisonment of five years shall be punished for whosoever in public deliberately expresses their feelings or engages in actions that: a. in principle is hostile and considered as abuse or defamation of a religion embraced in Indonesia; b. has the intention that a person should not practice any religion at all that is based on belief in Almighty God. from the Bahasa Indonesia law Dipidana dengan pidana penjara selama-lamanya lima tahun barangsiapa dengan sengaja di muka umum mengeluarkan perasaan atau melakukan perbuatan: a. yang pada pokoknya bersifat permusuhan, penyalahgunaan atau penodaan terhadap suatu agama yang dianut di Indonesia; b. dengan maksud agar supaya orang tidak menganut agama apapun juga, yang bersendikan ke-Tuhanan Yang Maha Esa The law does not define "public", so it would normally mean what it means in ordinary language (and that is not at all easy to figure out: it might be considered "public" if the expression was made to a single person). However, in this case, it was clearly in public (at a speech with about 100 people) that the statement was made. The law does not say that those people who constituted "the public" that heard the statement have to have been offended. Rather, (first) the statement has to be made in public (it was), and second, it is "in principle is hostile and considered as abuse or defamation of a religion embraced in Indonesia". That's a matter for the court to sort out. It appears, for example, that Shi'a teachings are legally blasphemous (case of Tajul Muluk). Unfortunately, there aren't any accessible resources here pertaining to the court decisions, so it's not clear if there are any concrete limits on what could be found to be blasphemous. However, it is established law that deviant teachings are legaly blasphemous, see the 39 case synopsis and the end here.
Although the assailant (or their estate if they are killed) could lodge a claim for damages it does not necessarily follow that they would win - they would have to show that the shooting was not legitimate self-defence but rather was unlawful by, for example, negligence or use of excessive force - say by shooting them when they didn't pose an immediate and unjustified threat. The Federation rules, as far as I can see, are not actual legislation. Although they should be adhered to in normal circumstances, this shooting would be, in the given circumstances, legitimate self-defence according to Article 122-5 of the Code Pénal which says: N'est pas pénalement responsable la personne qui, devant une atteinte injustifiée envers elle-même ou autrui, accomplit, dans le même temps, un acte commandé par la nécessité de la légitime défense d'elle-même ou d'autrui, sauf s'il y a disproportion entre les moyens de défense employés et la gravité de l'atteinte. N'est pas pénalement responsable la personne qui, pour interrompre l'exécution d'un crime ou d'un délit contre un bien, accomplit un acte de défense, autre qu'un homicide volontaire, lorsque cet acte est strictement nécessaire au but poursuivi dès lors que les moyens employés sont proportionnés à la gravité de l'infraction. Which Google translates to English as: The person who, in the face of an unjustified attack on himself or others, performs, at the same time, an act ordered by the necessity of the self-defense of himself or of others, is not criminally liable, except 'there is a disproportion between the means of defense employed and the seriousness of the infringement. The person who, in order to interrupt the execution of a crime or an offense against property, performs an act of defense, other than intentional homicide, when this act is strictly necessary for the aim pursued, is not criminally liable. provided that the means employed are proportionate to the gravity of the offense.
Yes For example, s270AB of the south-australia Criminal Law Consolidation Act 1935 says: (1) Where— (a) a person attempts to kill another or is a party to an attempt to kill another; and (b) he would, if the attempt had been successfully carried to completion, have been guilty of manslaughter rather than murder, he shall be guilty of attempted manslaughter. Relevantly in SA, voluntary manslaughter occurs when a victim dies as the result of an offence that would otherwise amount to murder, but the defendant’s liability is reduced because of the presence of mitigating circumstances, such as provocation. So, in circumstances of provocation (say) where the accused shoots at the victim but misses, attempted manslaughter is a possible charge. Most likely this would be charged as attempted murder but downgraded where the defence of provocation was made out.
Since we don't have a system of robot justice, it's impossible to say whether a prosecutor would file charges in this bizarre circumstance, since filing charges is discretionary. However, this situation does fit the description of murder. It is intentional, it causes death (maybe, vide infra), it is not legally justified (as self-defense, or as an act legally sanctioned by a state executioner), the victim is a person. It is not sanctioned by any "death with dignity" statute. The one issue that might be effectively argued by the defense assuming the irrefutability of the factual claims of your scenario is that perhaps the relevant crime is assault with a deadly weapon, since it probably could not be proven beyond a reasonable doubt that the victim died from the shooting, and not from being incinerated by lava. It depends on where the person is shot, and with what.