This fraternity had someone actually living in the house who was supposed to be providing oversight – yet this happened. Why would a patrol doing spot checks on parties make any more difference?
And who in their right mind would take that job? Think of the potential personal liability. When the next devastating injury or death occurs (and it will) they now will have 8 scapegoats. Guess it’s better than nothing at all but I am skeptical that this will make any real difference.
Does anyone else find it unbelievable that the IFC had the authority to approve alcohol being served at a party in a supposedly “dry” fraternity house? It would have been better to have no “approval” process in place. This apparently gave the members a false sense of having adhered to protocol when planning these types of events. Who established this system in the first place? Craziness!
It is a crazy situation. Adults that aren’t really adults as far as alcohol. A real adult who says not me. Universities full of kids hAlf who can drink and half who can’t. A societal norm era that wants to punish someone, anyone when something goes wrong. A judicial system that has to navigate a tragic situation. An ambitious prosecutor and all those families that have had their world turned upside down. People hitting trees sledding, kids falling out of dorm windows, kids drinking too much and dying, the stories are all there. I am only conflicted about how much responsibility we should place on our government functions to protect people from themselves or conversely punish people who could have stopped someone else from bad decisions. We have Good Samaritan laws but why is it then illegal not to be a Good Samaritan? Anyway…to heavy to think about this a.m.
Yes, my point…you are protected if you choose to help someone and the person you try to help dies but you are can be charged with manslaughter if you choose not to assist someone and that person dies. One of the people being charged with manslaughter didn’t buy the alcohol, nor did he hand alcohol to the young man who died. he wasn’t in the frat house when the victim fell down the stairs and the police have admitted this in one of besters links…so I can only conclude that he is being charged with manslaughter because he didn’t help at any point and happened to be the unlucky president of the fraternity at the time so yes I struggle with the concept of protecting if you willing help a victim and prosecuting in the absence of helping a victim.
Well you need to think through the reasoning behind these laws and then perhaps you will be able reconcile them. One seeks to protect and encourage a good deed that might save a life; the other seeks to punish reckless and grossly negligent behavior that results in the loss of a life.
" he didn’t help at any point and happened to be the unlucky president of the fraternity at the time"
Maybe my memory is rusty but wasn’t he actively involved in the cover up? Wasn’t he involved in organizing the nights activities including the excessive drinking and the purchase of alcohol for minors? He may have not actually bought the alcohol and run the gauntlet of drinking games but he did play a role. Whether he is guilty of manslaughter or a lesser charge, that is for the court to decide, but he did play a role despite what his lawyer tries to minimize.
It could be said that every single kid and the middle aged man all played a role. Ultimately it is up to the judge and if it goes further potentially a jury to sort it all out and figure out …but for me there are many questions and few apparent answers and questions about how the prosecutor selectively decided who to charge with what and why. Where does personal responsibility end and criminal negligence of another person begin…weighty questions indeed on the judge and potentially on a jury.
That’s just stating the obvious and a far cry from implying you can’t reconcile Good Samaritan laws with the criminal law concept of involuntary manslaughter.
I’m not a lawyer and haven’t been able to follow the trial closely, but I always expected them to at least be charged with depraved indifference to life or something like that. Is there no such thing in PA?
872 "It could be said that every single kid and the middle aged man all played a role. Where does personal responsibility end and criminal negligence of another person begin..."
While there is probably some gray area among various member status, IMO there are a few people who should be held accountable whether or not they were present. That includes (1) The so-called “adult” who is supposed to have the maturity to oversee behavior, (2) the president of the fraternity, (3) the rush chairman, (4) anyone and everyone who played a part in planning the activities for the evening, and (5) anyone and everyone who played a part in intentionally denying medical care and/or covering up the actions of themselves and others. Yes, it is a tragedy that a young person went to a party and became so drunk that his life was placed in danger. But it is more of a tragedy that others knew that and were so self-centered that they put themselves ahead of a human being they knew was in danger because of what they themselves did.
For those that don’t know, a fraternity chapter president and Vice President serve as the officers and representatives of the house as stipulated in chapter bylaws and the national charters. Therefore they are liable for anything the chapter does. Same reason why CEOs are responsible for things their company does in certain instances. Also Penn State IFC was not well run and obviously needs to change. A well run IFC creates a safe envornment for all fraternity members.