This 4 page paper provides an overview of a case study of a man who created a still that resulted in a fire which killed a young girl. This paper outlines California Penal Code in regards to this case. Bibliography lists 3 sources.
Name of Research Paper File: MH11_MHCaLLaw.rtf
Unformatted Sample Text from the Research Paper:
death. Dub took all precautions that he saw fit to ensure that the still was safe, and even installed new equipment, including the new pressure valve, to reduce the
possibility of explosion or fire. Unfortunately for Dub, California law stipulates that an individual who commits a crime that results in the death of another person is not only
liable, but criminally responsible for the death of that person (See California Penal Code, Sections 30-33). The death of Pauline, the three year old girl who wandered into his
yard to play and was present when the still exploded, was the result of the criminal activity of Dub, and so he can charged with manslaughter as a result of
her death. There are a few other elements, though, that come into consideration when assessing the case against Dub and the underlying application of California Penal Code. First, though
Dub believed that he took precautions to create a "safe" still, he also took actions that presented possible hazards for young children. It is reasonable to assume a few
elements related to Dubs case, and these include the fact that he created his still in a family-oriented suburban neighborhood, he decorated his still with Disney characters, and he even
placed wooden horses and other toys around the still to disguise it. These elements contributed to the criminal act, but they also were criminally negligent, because it is reasonable
to assume that if you place toys and other objects for children in a visible place, children may be attracted to them and come to play.
Under California Penal Code 192, the code outlines the premise of manslaughter (192(a and b)) and also distinguishes negligent manslaughter, or the