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Re: Judge Orders Charges Brought Against Amtrak Engineer Brandon Bostian
Author: N9949Y
Date: 05-12-2017 - 20:20
Enjoy reading these forums as sometimes they are full of rampant opinion, unfounded speculation, gossip, free association, etc.
However what about 18 Pa. Cons. Stat. section 2504. § 2504, involuntary manslaughter?
Isn’t the general rule.—that a person is guilty of involuntary manslaughter when as a direct result of the doing of an unlawful act in a reckless or grossly negligent manner, or the doing of a lawful act in a reckless or grossly negligent manner, he causes the death of another person?
Didn’t attorneys for some of the AMTRAK train victims file complaints in Philadelphia Municipal court where a judge ruled the train’s engineer, Brandon Bostain should be charged? Isn’t involuntary manslaughter a first degree misdemeanor under the laws of Pennsylvania?
Since Bostain’s being charged with a misdemeanor isn’t bringing such charges within the purview of a Municipal Court judge? Didn’t the Philadelphia County district attorney’s office decline prosecution claiming it had a conflict of interest because it had already decided against pressing charges, so wasn’t the case referred to the State Attorney General’s office?
Doesn’t Involuntary manslaughter, unlike other homicide charges set by Pennsylvania law, not require an intent to kill? Rather than rely on the defendant's intent, doesn’t the charge of involuntary manslaughter penalize unintentional killings? By pursuing involuntary manslaughter, doesn’t the state seek to prevent and punish activities that happen with disregard for human life?
To prove involuntary manslaughter, doesn’t a prosecutor have to show that the defendant caused the victim's death by reckless or grossly negligent conduct while engaging a lawful or unlawful activity? Can a lawful act such as driving be a basis for involuntary manslaughter if the defendant drove recklessly?
Can a prosecutor establish gross negligence or recklessness by comparing the defendant's actions with an established standard of care that a reasonable person would follow? Can the prosecutor also look at whether the defendant purposefully ignored a known danger or continued an activity even when significant risks became obvious?
However what about 18 Pa. Cons. Stat. section 2504. § 2504, involuntary manslaughter?
Isn’t the general rule.—that a person is guilty of involuntary manslaughter when as a direct result of the doing of an unlawful act in a reckless or grossly negligent manner, or the doing of a lawful act in a reckless or grossly negligent manner, he causes the death of another person?
Didn’t attorneys for some of the AMTRAK train victims file complaints in Philadelphia Municipal court where a judge ruled the train’s engineer, Brandon Bostain should be charged? Isn’t involuntary manslaughter a first degree misdemeanor under the laws of Pennsylvania?
Since Bostain’s being charged with a misdemeanor isn’t bringing such charges within the purview of a Municipal Court judge? Didn’t the Philadelphia County district attorney’s office decline prosecution claiming it had a conflict of interest because it had already decided against pressing charges, so wasn’t the case referred to the State Attorney General’s office?
Doesn’t Involuntary manslaughter, unlike other homicide charges set by Pennsylvania law, not require an intent to kill? Rather than rely on the defendant's intent, doesn’t the charge of involuntary manslaughter penalize unintentional killings? By pursuing involuntary manslaughter, doesn’t the state seek to prevent and punish activities that happen with disregard for human life?
To prove involuntary manslaughter, doesn’t a prosecutor have to show that the defendant caused the victim's death by reckless or grossly negligent conduct while engaging a lawful or unlawful activity? Can a lawful act such as driving be a basis for involuntary manslaughter if the defendant drove recklessly?
Can a prosecutor establish gross negligence or recklessness by comparing the defendant's actions with an established standard of care that a reasonable person would follow? Can the prosecutor also look at whether the defendant purposefully ignored a known danger or continued an activity even when significant risks became obvious?
