One of the really interesting questions in criminal law (to me, at least) is whether there is a point at which negligence crosses the line from ordinary negligence leading to civil liability to something that ought to attract criminal sanctions–and if so, what crosses the line and why. Consider these transcript excerpts from the Sacramento radio show where the recent water poisoning occurred:
Female DJ 1: “Can’t you get water poisoning, and like, die?”
Male DJ 1: “Your body is 98% water. (laughing) Why can’t you take in as much water as you want? (laughing)”
Female DJ 1: “I don’t know”
…[unintelligble comments about “some poor kid”, an apparent reference to the recent water poisoning hazing death of Matthew_Carrington_(student) ]
Female DJ 1: “Maybe we should have researched this” (laughter)
Male DJ 1: “If it gets dangerous for somebody, their body will automatically throw it up.”
—
[A caller named Eva calls in… ]
Male DJ 1: “Eva? What do you want to say?”
Eva: “I want to say that those people who are drinking all that water can get sick and possibly die from water intoxication”
Male DJ 1: “We’re aware of that”
Male DJ 2: “They signed releases so we’re not responsible. It’s OK” (laughter)
Male DJ 1: “And if they get to the point where they’re going to have to throw up, they throw up and they’re out of the contest before they die. Thats good isn’t it?”
Eva: “Geee, I suppose so”
. . .
Female DJ 1: “Thanks for looking out though”
. . .
Male DJ 1: “Hey Carter, is anybody dying in there?”
Carter: “We got a guy who is just about to die” (laughter)