Is it legal to hijack a plane to prevent the pilot from committing a murder-suicide? If the pilot of a single-pilot aircraft carrying passengers (not an airliner) attempts to commit a murder-suicide by crashing the plane, is it legal for a passenger, who is not a pilot, to use force to restrain the pilot, hijack the plane, and (attempt to) land it? If the pilot is &quot;successful&quot; in causing the crash, but everyone survives, with what crimes could he be charged? What if the passenger(s) die? What if someone on the ground dies? Assume that it is obvious that the pilot's intent is to cause a fatal accident, and there is clear evidence of everything that happened in the plane. I'm interested in answers from any country.
canada Taking control of an aircraft from a pilot in command without their consent would normally be an offence under s. 7.3(1) and 7.41 of the Aeronautics Act (but I'm doubtful that the act of the passenger in your scenario is &quot;endangering the safety&quot; of the aircraft) and possibly s. 76 of the Criminal Code (I'm also doubtful that the mens rea is met in the specific scenario you describe). Restraining the pilot would be at least plain assault (Criminal Code, s. 265). Regardless, in your scenario, the otherwise illegal acts of the passenger would most likely be justified by self-defence (in response to force or threat of force) or the defence of necessity (no reasonable legal alternative to avoid imminent peril). Possible offences for the pilot: murder, attempted murder, manslaughter, criminal negligence causing bodily harm, criminal negligence causing death. Oddly, the offence of &quot;endangering the safety of an aircraft&quot; (Criminal Code, s. 77) does not seem to apply here.
I think this is a reference to Section 14-224: (a) Each operator of a motor vehicle who is knowingly involved in an accident which results in the death of any other person shall at once stop and render such assistance as may be needed and shall give such operator’s name, address and operator’s license number and registration number to any officer or witness to the death of any person, and if such operator of the motor vehicle causing the death of any person is unable to give such operator’s name, address and operator’s license number and registration number to any witness or officer, for any reason or cause, such operator shall immediately report such death of any person to a police officer, a constable, a state police officer or an inspector of motor vehicles or at the nearest police precinct or station, and shall state in such report the location and circumstances of the accident causing the death of any person and such operator’s name, address, operator’s license number and registration number. There are subsequent similar paragraphs about accidents resulting in injury or property damage. The wording is a little bit confusing and it appears that you don't strictly have to report to the police, if you instead identify yourself to a witness.
The statute in question is section 26708 (13)(B): A vehicle equipped with a video event recorder shall have a notice posted in a visible location which states that a passenger's conversation may be recorded. It doesn't require it be visible to all passengers and doesn't make any provision for visually impaired passengers. I am not licenced to practice in California but know of no cases clarifying how "visible" the notice needs to be. I wouldn't suggest trying to hide the notice, though.
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.
18 USC 32(a) says Whoever willfully— (1) sets fire to, damages, destroys, disables, or wrecks any aircraft in the special aircraft jurisdiction of the United States or any civil aircraft used, operated, or employed in interstate, overseas, or foreign air commerce... shall be fined under this title or imprisoned not more than twenty years or both 18 USC 31(1) defines "aircraft": The term “aircraft” means a civil, military, or public contrivance invented, used, or designed to navigate, fly, or travel in the air. A personal private drone is not public or military, but it is "civil". In the definitions (b), it also says: In this chapter, the terms “aircraft engine”, “air navigation facility”, “appliance”, “civil aircraft”, “foreign air commerce”, “interstate air commerce”, “landing area”, “overseas air commerce”, “propeller”, “spare part”, and “special aircraft jurisdiction of the United States” have the meanings given those terms in sections > 40102(a) and 46501 of title 49. The Title 49 definition (16) say “civil aircraft” means an aircraft except a public aircraft. So on that count alone, it is illegal, a federal crime. On a second count, it is illegal: it would count as destruction of property. In Washington under RCW 9A.48.070 it is a Class B felony: (1) A person is guilty of malicious mischief in the first degree if he or she knowingly and maliciously... (c) Causes an impairment of the safety, efficiency, or operation of an aircraft by physically damaging or tampering with the aircraft or aircraft equipment, fuel, lubricant, or parts. The exact details depend on what state this happens in. FAA restrictions for drones is that they should be flown below 400 ft, specifically §107.51 says A remote pilot in command and the person manipulating the flight controls of the small unmanned aircraft system must comply with all of the following operating limitations when operating a small unmanned aircraft system... (b) The altitude of the small unmanned aircraft cannot be higher than 400 feet above ground level, unless the small unmanned aircraft: (1) Is flown within a 400-foot radius of a structure; and (2) Does not fly higher than 400 feet above the structure's immediate uppermost limit. If the drone is actually trying to hit you, you can avail yourself of the defense of self-defense, but that is not available if you simply dislike it that someone flies too high over your property. There is no specific minimum distance from the aircraft and the ground, but the operator must fly the thing safely, and not above people. And finally, apart from the criminal aspects of shooting a drone out of the sky, you can also be sued for property damage, and is thus illegal. That said, in light of Boggs v. Meredith, this does not mean you will get anywhere if you sue the gunner for blasting your plane, at least if your venue is the western district federal court in Kentucky. You can sue in state court for trespass to chattels, and the FCC could (but did not) seek an action against the offender for blasting a plane out of the sky, but there is a narrow path for suing in federal court. The district court found that the plane-owner stepped off the path (the case was dismissed for lack of subject matter jurisdiction). A state court could decide whether the airspace in question is in the exclusive jurisdiction of the US.
Yes, and sometimes it even makes perfect sense that such an activity would be a crime. For many crimes, attempting the crime is a crime. The attempt may have no actual effect on any person or property, but is still illegal. According to 16 U.S. Code § 1538(a)(1)(C) it is illegal to kill an endangered species on the high seas. A whale in international waters cannot really be considered anyone's "property" (and since it's in international waters there can't even be some weird theory of it being the government's property) but it is still illegal. 18 U.S. Code § 700 purports to prohibit the desecration of a flag, although this was found unconstitutional. 18 U.S. Code § 708 makes it a crime to commercially use the coat of arms of the Swiss Confederation, for some reason. And 18 U.S. Code § 711a makes it a crime to use the slogan "Give a Hoot, Don’t Pollute" for profit, except as authorized. (But maybe that sort of thing counts as intellectual property.) 18 U.S. Code § 342 makes it a crime to operate a passenger train under the influence of alcohol or drugs. This really only affects people and property if the train is driven improperly as a result; if you make it safely, you'd probably never even know. But the driver would still be facing up to 15 years in prison if he was caught doing that. And finally, according to A Crime a Day on Twitter: 33 USC §1232(b), 33 CFR §401.101 &amp; §401.94(a) make it a federal crime to violate the St. Lawrence Seaway regulations by not having a copy of the St. Lawrence Seaway regulations while you pass through the St. Lawrence Seaway.
None of the factors you list about Charlie committing a crime, about to commit a crime* or being responsible for the officer's injury apply to whether or not Bob can shoot Charlie on behalf of the officer. On the other hand, if Charlie's actions lead Bob to the reasonable belief that Charlie represents an imminent threat of death or grave bodily injury to anyone then Bob will be justified in using force, including deadly force, to stop Charlie. I'm aware of many states that also allow the use of deadly force to prevent the imminent commission of a forcible felony. A normal citizen can go to great lengths to assist the police and stories of citizens coming to the aid of police officers are easily found. There may be some reason the police officer felt the need to use deadly force against Charlie. Bob will need to make his own determination based on all the factors available to him, which may include communication from the officer. If Bob decides to shoot Charlie then an investigation will center on whether it was reasonable for Bob to deduce that the use of deadly force was justified given the information available to Bob at the time. Some states have laws that penalize refusal to aid a police officer. A list of them can be found on this wikipedia page. Notably, California just repealed their statute requiring assistance. *The statutes of some states allow the use of deadly force to prevent the commission of felonies, typically forcible felonies. However, just because a crime is listed as a forcible felony doesn't always mean that deadly force can be used to stop the crime. An example comes from Florida where the statutes state that deadly force can be used to stop forcible felonies, the statutes also define burglary as a forcible felony. However, the courts have ruled that the use of such force is not reasonable where the structure being burglarized is unoccupied.
No. I'm going to assume we're talking about the US, where being convicted of a crime requires proof "beyond a reasonable doubt." Thus, our hypothetical friend has NOT committed murder. Nor has he committed manslaughter (as this too requires that somebody die) or attempted murder or manslaughter (as that requires an intent that the person should die). If it could be proven that the person our hypothetical scumbag ran over died as a result of being run over, our hypothetical scumbag would likely have committed negligent homicide or involuntary manslaughter; however, as these imply a lack of intent, they lack "attempted" versions (see People v. Hernandez, http://law.justia.com/cases/colorado/court-of-appeals/1980/76-813.html though state laws differ and some may be weird). In short, he has not committed any flavor of murder or manslaughter. So, what other enterprising charge or legal proceeding might we be able to level against him? I'm sure one exists. I'll edit it in once I find it. Civil suit for wrongful death Normally, our hypothetical scumbag would find himself on the receiving end of a wrongful death lawsuit. This would require that he (1) owed the dead man a duty of care (which he clearly did; all motorists are obliged to exhibit reasonable care in operating their motor vehicles) and that he (2) breached that duty (which he presumably did), but also that (3) this failure caused the death of the guy he ran over (which you have stipulated that we cannot "even guess," which precludes a "preponderance of the evidence" (the standard for civil matters)) and that (4) that person's death has caused actual, quantifiable damages to the plaintiff (which it can't as "nobody knows him"). Reckless driving charge In most states, our hypothetical scumbag's behavior meets the threshold for reckless driving. For example, in VA law: [In reckless driving cases, e]ither the driver is believed to have driven recklessly in a manner that threatened people or property, to have driven 20 miles per hour or more in excess of the speed limit, or to have exceeded 80 miles per hour, no matter the speed limit. http://manassascriminalattorney.com/2015/10/can-reckless-driving-in-virginia-be-a-felony-charge/ In some states, this may be felony reckless driving; in others, it may be a mere misdemeanor. Misc links https://www.virginia-criminallawyer.com/homicide-laws-virginia-code.html http://www.nolo.com/legal-encyclopedia/proving-wrongful-death-civil-case.html A forum discussion that (thank heaven) cited its sources: http://www.top-law-schools.com/forums/viewtopic.php?t=155412