Would pulling the switch be a felony? Would not pulling the switch be one? Would a preservation-of-life defense hold any water?

Are there any notable cases about this?

  • zkikiz@lemmy.ml
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    1 year ago

    Given that we presume someone dies either way it becomes murder or manslaughter – it’s kinda hard to be involved in someone dying without those charges being discussed – but that gets very much into the weeds of jurisdiction specific laws and I’m not super familiar with them.

    What is very interesting to think about is tort law, the general case history of negligence and liability when one person harms another but it isn’t explicitly illegal. Basically the injured person or family sues someone for doing something they shouldn’t have, and it gets into really interesting weird cases like could they have reasonably foreseen the injury etc. Here’s a summary of some major tort precedents going back many years: https://www.findlaw.com/legalblogs/greedy-associates/5-classic-torts-cases-made-simple-for-1ls/

    My favorite is Palsgraf v. Long Island Railroad Co. (1928) where a Rube Goldberg style chain of events caused Mrs. Palsgraf to be injured and it was ruled that the rail employee could not have reasonably foreseen all of that, so they weren’t liable. If anything (in my opinion) the men who brought fireworks in an unlabeled container onto a train and then ran to catch it were the ones behaving negligently (i.e., the originators of the foreseeably dangerous situation.)

    This is a long way of saying, if you do nothing then you’re an innocent bystander to a tragedy. But if you take an action that reasonably (in this case certainly) causes injury, you’re responsible for that. You might say you’d rather have one man’s death on your conscience than a dozen, but that’s for you to meditate on in jail.

    The real problem with the Trolley Problem is that it presupposes only two outcomes. In real life we don’t know what the possibilities will be and many actions are available to many people. First and foremost whoever tied the people to the tracks needs to be found and tried. Second, the trolley driver and whoever created, installed, or maintained the brakes needs to be interrogated. (Trolleys don’t generally drive very fast and they almost always have low bumpers to prevent things from falling underneath.) Finally, a number of other things had to go wrong or fail to go right in order to get into the situation: the tied people have to remain there for awhile unnoticed or unhelped by anyone until it’s too late, the trolley has to not notice things and be traveling too fast to slow down by other means, and every human between the people and trolley has to essentially freeze and fail to do extreme things like cut the power or derail the trolley or yell at someone for help. There are almost always third fourth and fifth options besides a singular person happening to stand by a singular track switch that points to certain death either way.

    If it was me, I would yell for help and get myself and one other to man the switch and untie the single prisoner simultaneously. Even if we somehow fail, that action is more natural and moral and understandable to a jury than freezing up and choosing only the second worst option.

    Ultimately it boils down to the jury, the judge’s instructions, and the specific wording of the law.

    If we take Washington DC as an example, the lowest illegal killing law is involuntary misdemeanor manslaughter, like if you do something illegal and someone dies even if you didn’t intend it. It requires:

    • Defendant caused the death of the victim;
    • Defendant did so while committing or attempting to commit an underlying misdemeanor; and
    • Defendant committed or attempted to commit the underlying misdemeanor in a manner that created a reasonably foreseeable risk of appreciable physical injury.

    So then you get into whether touching the rail switch was a misdemeanor or not (what are the laws on touching railroad stuff) and who in this unlikely chain “caused” the death. Once again we get into “foreseeable” despite the problem assuming that one person’s death is guaranteed, which isn’t actually how reality works.

    https://www.findlaw.com/state/dc-law/district-of-columbia-involuntary-manslaughter-laws.html

    Ironically, placing objects upon a railway with intent to cause harm OR doing something that “displaces or injures anything” related to the railroad resulting in death, is murder in the first degree in DC. So if throwing a switch counts as displacing a rail-related thing, which it probably does, the D.A. could try and get you for the worst form of murder they have. After all, in the real world you have no idea how trolleys and rail switches work. The problem supposes that you have perfect knowledge and awareness of many things, with the huge omissions of not noticing until it’s too late and only having one possible action to take. I might add that trolleys often don’t have switches laying around (they tend to take fixed paths) and when they do they’re not immediately accessible: they’re usually actuated by a separate tool or electric signal that the public doesn’t have. If we’re talking about a full sized railway then those levers are big and hanging around, but it’s illegal to trespass onto the rails and switching yards are placed far from the public. But anyway all of this depends largely on how the D.A. is feeling, which is bad news because most D.A.s are elected officials who politically campaign on seeming tough. So do people see you as a sympathetic everyman, or a contemptible fuckup, and how’s the D.A.'s career going? https://code.dccouncil.gov/us/dc/council/code/sections/22-2102

    If you can afford a decent lawyer, though, they’ll definitely request a trial by jury and play up the fact that you were doing your best to save as many people as you could in an awful situation set in motion by some other psychopath. Make sure to look mournful yet sympathetic to the jury. If you’re a white conservative Christian man with young kids in America, even better.

  • jmp242@sopuli.xyz
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    1 year ago

    IANAL, and it depends on the countries law. My understanding is in the US 99.999% of the time, as a passerby, you cannot have liability for inaction. Remember the last episode of Seinfeld and the lawyer saying you don’t have to help anybody.

    However actions you take are always potentially legally liable. And taking an action to cause someone to die always puts you on the hook potentially for manslaughter. Defense of others might be a mitigation, but that is usually like shooting an active shooter. In this case I think that’s not what’s happening.

    Sadly, I think the safe thing for you to do legally is to keep walking and forget you ever saw the lever.

      • Fosheze@lemmy.world
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        1 year ago

        It’s actually kind of funny you mention that. Police dont have a duty to act but medical professionals do so my state just started requiring all police to have an EMR (aka first responter training). That means that they’re now “medical professionals” and have a legal duty to render aid whenever they are dispatched to a scene. I’m not sure how duty to act overlaps with qualified immunity but now there is at the very least a case to be made whenever they fail to render aid.

        There were a lot of really salty cops in my last EMR class so I got to hear all about it.

    • Fosheze@lemmy.world
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      1 year ago

      False. In the US, while you are typically under no legal obligation to help, if you do decide to help you are legaly protected by good samaratan laws. Those laws basically boil down to as long as you are making your best effort to help someone and you are acting within the bounds of your training then you can’t be held responsible for any damage you may cause. The key point is that you’re acting within the bounds of your training. If you see someone choking and stab a pen into their neck like you saw on TV one time then you’re still 100% liable for that. However in situations such as moving someone with a spinal injury out of the road you are still covered; yes you made the wrong choice and likely paralized the person, but you were trying to help someone in danger and doing it in the only way you knew how.

      That’s not to say that someone can’t try to sue you. That does happen, but in those situations they are just trying to scare you into settling out of court because odds are the case would be thrown out before it actually got to court anyways.

    • DaGeek247@kbin.social
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      1 year ago

      Nope. Not if you have any heart at all at least. The us has good samaritan laws in all 50 states, with minor variation. Sure, it’s technically possible you might be opening yourself to legal consequences if you help out, but the law as written protects you from being sued for it unless you do something incredibly fucking dumb. (moving a man with a broken spine out of a car is bad, unless the car is on fire).

      In china, the opposite is true; everything you do other than inaction can very easily open you up to legal consequences. This is why you can see someone who drove an elderly couple to the er get sued by that couple, or a baby get run over by a truck with a good dozen people walking past without helping (same website).

      There is the vague chance in the usa that helping might get you in trouble, but it is most certainly not the best choice to walk past them if something obviously bad that you can help with is going on.

      • _pete_@lemmy.world
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        1 year ago

        Wow, I never knew China was messed up like that. The article you cite is a little old now (2011) do you know if there has been an update to it in the last few years? I would look myself but I have no idea what I would be searching for!

        • Fosheze@lemmy.world
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          1 year ago

          From what I have heard, China has gotten their own version of good Samaratan laws since then however Chinese citizens aren’t used to having those laws yet so things haven’t really changed even with the new laws on the books.

      • zkikiz@lemmy.ml
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        1 year ago

        I agree it’d be heartless to prosecute or sue a switch-thrower who was acting in good faith, but the family of someone killed often don’t have a ton of sympathy.

        http://www.cprinstructor.com/DC-GS.htm

        Using DC as an example, I don’t think that tampering with railroad equipment counts as “in good faith, rendering emergency medical care or assistance at the scene of an accident or other emergency” and it only covers against civil damages: basically it reduces private claims of negligence or liability when you did your best to stabilize an injured person. It gets into shaky ground when the person is not yet injured, and they become injured because of your actions. It also doesn’t prevent the government from trying you for manslaughter.

        It’s definitely a messed up situation though, ideally we’d have further laws reducing the bystander effect and encouraging people to do whatever’s possible to help. Often we see that people already do, though, and fortunately(?) the situations are often far less clear cut and diabolical than the Trolley Problem.

  • maynarkh@feddit.nl
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    1 year ago

    Most EU countries would not condemn you for doing either. That said, you are definitely on the hook for helping others if there is no risk to yourself or a third party in most civil law countries.

    It’s a serious crime in most of Europe for example to drive past a car accident scene without verifying that help is on site.

    This wiki page summarizes it well.

    I just checked and it’s more of a crime in the Eastern EU, as most Western countries have fines or a few months of prison at most for this, while most Eastern Member States put you in prison for 2-3 years for it.

    • JusticeForPorygon@lemmy.world
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      1 year ago

      Okay, as someone who wants to live in Europe at some point in the future, I feel like I should get this straight.

      If I drive by a car accident and there is clearly help on the scene, such as an ambulance, do I need to take any action?

      If I drive by a car accident and there are a bunch of people already stopped, do I need to just ask one of them if help has been called?

      If I drive by a car accident and no one is there, do I just need to call for help?

      I know some first aid so I might stop regardless if there isn’t an ambulance there.

      • solstice@lemmy.world
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        1 year ago

        I am not a lawyer of any kind. The wiki does say:

        "Many civil law systems, which are common in Continental Europe, Latin America and much of Africa, impose a far more extensive duty to rescue.[3] The duty is usually limited to doing what is “reasonable”. In particular, a helper does not have to substantially endanger themselves.[23]

        This can mean that anyone who finds someone in need of medical help must take all reasonable steps to seek medical care and render best-effort first aid. Commonly, the situation arises on an event of a traffic accident: other drivers and passers-by must take an action to help the injured without regard to possible personal reasons not to help (e.g. having no time, being in a hurry) or ascertain that help has been requested from officials."

        To apply this to your question, my interpretation is that if you come across a car accident and nobody is there, and you have some first aid training, you should first call emergency services, and then render as much aid as you reasonably can without endangering yourself. If the car is teetering on a cliff about to fall over, I sure as heck wouldn’t jump in. If the driver was ejected from the car and they are bleeding to death right in front of you then you should probably do your best to stop the bleeding if you can I guess. If the driver looks like they sustained heavy injuries and the car isn’t about to explode or fall of a cliff, then I would just hang out until an ambulance gets there because I wouldn’t want to break their neck moving them. Idk though, not a lawyer or a doctor so who knows.

      • maynarkh@feddit.nl
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        1 year ago

        Basically if you see a car accident, and there is either an ambulance there or there are already people stopped, you are supposed to drive along and not impede anyone or join a leering crowd. If they need your help, they will wave you down.

        If you see for example an upturned or crashed car that no one is around, you are supposed to:

        • Stop safely. If you can’t, stop where you can and call emergency services.
        • Use the emergency triangle in your car to indicate a possible road hazard at least 50 meters in advance.
        • Determine if there are any personal injuries, even suspected (if someone fell from a motorbike or was hit by a car, maybe got a concussion, don’t let them continue driving), with proper triage. First concern is life-threatening injuries, then lighter injuries, disregard people who are obviously dead or not going to survive. “Not going to survive” means missing major parts of body, “not breathing” is obviously life-threatening, but that’s why you know CPR.
        • While doing the first three, call emergency services as soon as it’s feasible, start the call with your position, then describe the event, in particular the number and kind of injuries, then tell them your name for reference.
        • Start first aid as you can, and follow the instructions of the emergency services.

        At least that’s what the driving license exam has you train for.

  • Björn Tantau@feddit.de
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    1 year ago

    A law handling a similar situation was struck down as unconstitutional in Germany.

    It was a law that would have allowed fighter pilots to shoot down passenger planes to prevent 9/11 style terrorist attacks.

    So I guess in Germany not pulling the lever would be the answer. At least for government officials.

    But constitutional judges could probably still rule either way, as the trolley problem is much simpler than a potential terrorist attack.