Business Ethics Working Conditions When Does A Worker's Death Become Murder?

2092 words - 8 pages

The first thing that might come into a sane mind when presented with this question is that, if an employee loses his or her life due to gross negligence from their employer, it should be considered murder. I believe that an employer should be held fully responsible for negligent acts that cause the death of an employee, but it doesn't matter what I or anyone else for that matter, believes. What matters is what is written in the law, which is what ultimately will bring justice to such acts. A workers death caused by gross negligence from an employer should become murder, but when we look at the legal definition of murder, it's clear that this definition must be modified. In order to rule a worker's death as murder, there has to be an intentional infliction upon the person killed of bodily harm involving a high degree of probability that it will result in death and which shows a wanton disregard for human life. In other words, did the employer acted with premeditation to kill the employee.This paper discusses the conditions that in my opinion would have to be present when the death of an employee could be ruled crime, although not necessarily a murder. I intend to prove my point by providing legal definitions of the different types of murder and other crimes that could apply in case of the death of an employee. I will also provide facts and opinions from subject matter experts' papers, write-ups and news reports that further prove the need to redefine the legal definition of murder in order to rule an employer's actions as such. In my opinion, an employer should be charged of a crime when his or her actions are negligent in nature, whether willfully or unknowingly, which directly or indirectly results in the death of an employee. The problem lies in what type of crime the employer should be charge of. As we'll see in the following definitions, the key words are "malice intent and premeditation". Did the employer acted with premeditation? Was the sole intent of the employer's action to cause harm to the extent of death? Or was the employer so greedy that knowingly allowed actions to take place that caused the death of an employee, inhumanly thinking that the end justified the means.MURDER, FIRST DEGREE - In order for someone to be found guilty of first degree murder the government must prove that the person killed another person; the person killed the other person with malice aforethought; and the killing was premeditated. To kill with malice aforethought means to kill either deliberately and intentionally or recklessly with extreme disregard for human life. Premeditation means with planning or deliberation. The amount of time needed for premeditation of a killing depends on the person and the circumstances. It must be long enough, after forming the intent to kill, for the killer to have been fully conscious of the intent and to have considered the killing. First-degree murder in California includes a killing that is "willful,...

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