Pilot charged with Manslaughter

"Christopher Campbell" wrote in message
e.com...
On Thu, 21 Dec 2006 13:51:55 -0800, Matt Whiting wrote
(in article ):

Christopher Campbell wrote:

I think there is something wrong with charging a guy with murder because
he
did not have a piece of paper from the government. Charging someone with
murder for flying without a license is pure vindictiveness -- punishment
for
daring to defy governmental authority. It is not any more dangerous to
fly
without a license than with one. You should only be charged for murder
if
reckless behavior led to a death. I have no problem with charging him
with
murder if he was drunk.

So if someone who had never been to medical school posed as a surgeon
and operated on your wife or child and killed them, you'd be OK if they
weren't charged with murder? After all, a medical license is just a
piece of paper from the government.

He should be charged for murder if he made mistakes in procedure that
would
not be expected of a licensed surgeon. He should not be charged with
murder
simply because he did not have a license. He should be charged with murder
because of actual reckless behavior, not for simple non-compliance with a
government regulation.



The lack of a license is prima fascia evidence that he does not have the
skills. It would then shift the burden of proof to him to prove that he did.
This would count for brain surgery or flying.

Gig 601XL Builder writes:

The lack of a license is prima fascia evidence that he does not have the
skills.

No. The possession of a license is prima facie evidence that he has
the skills, but the converse is not true. Many people may have the
skills but choose not to get the license. There are far fewer people
who do not have the skills and yet manage to get the license.

It would then shift the burden of proof to him to prove that he did.

Having an accident can be pretty good evidence that he lacked skill.
Not having an accident can be pretty good evidence that he had skill.

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