CASE STUDY

Case Study

Case Study

Introduction

A person, John Notthink is an employee of Anycity Hospital. While he was on duty at about 2.00 am EST the fire alarm sounded and he along with other personnel of hospital attempted to control the fire until the firefighter arrived and take charge. Because of the smoke inhalation cause by fire, an elderly patient died. The police launched an investigation to find the cause of fire. It has been disclosed in the investigation that burning of a litter was the main cause behind the fire and John Notthink light the litter, as to test that are they flammable or inflammable. However; the defense of Notthink claims that evidences are not enough to prove arson (intentionally setting fire). In this study it is assumed that Anycity Hospital is in Florida and the laws of Florida would be applicable in this case. (Siegert, et al, n.d; Karki, 2002)

Definition of Arson According to Law of Florida State

According to the federal law of US arson means destroying or damaging any government or private property using explosive or fire. However; in accordance with the Florida Law, chapter 806.01, arson is defined as:

(1)Every person who intently and illegitimately by means of fire or explosion cause damage or damaged any public or private property, which includes:

Any home and its contents whether occupied by someone or not.

Any building and its contents, where people are normally available like: hospitals, health-care facilities, prisons, jails, department stores, detention centers, place of worships, educational institutions, markets, shops or other identical buildings, or

Any other infrastructure that a person know or had sensible bases to believe that humans are present,

-is guilty in the first-degree of arson, which makes up a crime of the first-degree liable to punishment as provided in s. 775.082, s. 775.083, or s. 775.084.

(2)Anyone who intently and illegitimately, or while in the perpetration of any crime using fire or explosives, harms or causes to be harmed any building, whether the belongings of him/er self or some other, under any conditions not mentioned in subsection is chargeable of second degree of arson, which makes up a criminal offense of the second degree, liable to be punished as mentioned in s. 775.082, s. 775.083, or s. 775.084.

The word building in these clause refer to any structure or any kind of closed area having a roof, this includes any tent, real property, vehicle, aircraft, appurtenances thereto, watercraft or vessel.

In this case an elderly patient die because of smoke inhalation that is why it is important to know the definition of murder as to understand, whether this accident falls in murder or not.

Definition of Murder According to Law of Florida State

Murder is simply assumed as when a person intentionally causes the death of human being. But in chapter 782.04 of Florida Law murder is defined as:

1a) The illegitimate killing or causing death of a person which includes following incidence:

1) When committed from a pre-meditated purpose to affect the death of any human;

b) When perpetrated by a person involved in the commission of, ...