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View Diary: Upper Big Branch Disaster: Massey Kept Two Sets Of Safety Books! (147 comments)

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  •  Blankenship needs to wear the orange jumpsuit. (4+ / 0-)
    Recommended by:
    Eric K, Something the Dog Said, sb, GoldnI

    This is criminally negligent homicide.

    •  Somehow it seems worse than that (5+ / 0-)

      Negligence is is a failure to exercise the care that a reasonably prudent person would exercise in like circumstances. What Massey did was premeditated fraud. They deliberately and specifically falsified safety records to prevent the government from properly regulating mine safety. They mindfully took action in advance to prevent the right thing from happening.

      To my non-lawyerly self, that seems worse than, "Oh, I forgot to do something." Negligence doesn't capture it.

      But premeditated murder does.

      The invasion of Iraq was a war crime, a crime against humanity, and a crime against civilization. Prosecute the crime.

      by Positronicus on Wed Jun 29, 2011 at 10:47:38 AM PDT

      [ Parent ]

      •  It can't be premeditated murder. There was no (5+ / 0-)
        Recommended by:
        zett, PsychoSavannah, sb, GoldnI, Ahianne

        specific intent to kill specific people. However what they did was a felony (obstruction of justice) so the deaths can be felony murder.

        Getting Democrats together and keeping them that way is like herding cats that are high on meth, through L.A., during an earthquake, in the rain -6.25, -6.10

        by Something the Dog Said on Wed Jun 29, 2011 at 11:25:24 AM PDT

        [ Parent ]

        •  Yes, but felony murder seems to apply. (1+ / 0-)
          Recommended by:
          Ahianne

          I'm fine with making charges then letting the defense file motions to reduce them. In the meantime, though, I want him and his colleagues waiting trial like all other killers do.

          Let them cut their own hair.

          Have you heard? The vice president's gone mad. - Bob Dylan, 1966

          by textus on Wed Jun 29, 2011 at 05:07:35 PM PDT

          [ Parent ]

        •  Death by intentional recklessness (0+ / 0-)

          Also ups it from manslaughter to murder, and that's probably would apply here.  Deliberately falsifying the books is beyond criminal negligence, but the felony murder rule usually only applies to inherently dangerous felonies (i.e. burglary, rape, kidnapping, arson).

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