How far defense of Accident goes good in criminal trial?
Would someone be liable for an accident that kill fellow human being? For instance, killing a man thinking it is a duck. Sounds odd! Life is imperfect. You may face odds many times. Uncertain and unexpected happens. So think would you be liable in that same case as mentioned above? You act on good faith to put off fire. Unfortunately nearby building pulled down. Could someone charge for damaging public property? If it does so, social value would reduce. The lack of pity and probity will cause crime.
In many instance court has decided to discharge someone who acts in good faith.
Gunsmith-hammer case: A crowded bus was en route to its destination. A pick pocketer was among the crowd searching pockets of each passengers. The pick pocketer lets his hand into to the pockets of a passenger and found solid bulk object to his dismay. The pick pocket accidentally pulls off something and then a loud gun shot is heard. The passenger dies. Later, the pick pocket realized that he has pulled the gun trigger thinking it to be a purse. Police charged him with murder. But the court had different interpretation for the act. The intention was to steal from the passenger and not to kill him. The pick pocketer never had any intention to kill the victim. Expecting some money or purse from the victim he accidentally pulled off the trigger of the gun concealed in the victims clothing. So the court dropped the murder charges. Yet, the pick pocketer was tried for the charge of attempt to theft which is a punishable offense under penal code.
For instance, let take the following scenario. A captain of the ship who usually follow a route as per his route map routinely. But one day the ship got stuck by heap of sand which resulted in the death of passengers of the ship. Could the captain be tried for negligence or man slaughter? The court would uphold the defense of accident as the incident was not pre-planned nor willful.
Gunsmith-hammer case: A crowded bus was en route to its destination. A pick pocketer was among the crowd searching pockets of each passengers. The pick pocketer lets his hand into to the pockets of a passenger and found solid bulk object to his dismay. The pick pocket accidentally pulls off something and then a loud gun shot is heard. The passenger dies. Later, the pick pocket realized that he has pulled the gun trigger thinking it to be a purse. Police charged him with murder. But the court had different interpretation for the act. The intention was to steal from the passenger and not to kill him. The pick pocketer never had any intention to kill the victim. Expecting some money or purse from the victim he accidentally pulled off the trigger of the gun concealed in the victims clothing. So the court dropped the murder charges. Yet, the pick pocketer was tried for the charge of attempt to theft which is a punishable offense under penal code.
For instance, let take the following scenario. A captain of the ship who usually follow a route as per his route map routinely. But one day the ship got stuck by heap of sand which resulted in the death of passengers of the ship. Could the captain be tried for negligence or man slaughter? The court would uphold the defense of accident as the incident was not pre-planned nor willful.
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