Acrobatics is one of the most risky forms of entertainment. The performers take us through unimaginable moves which we deem dangerous and life threatening (Ash 24). This type of entertainment requires high skills and competency as a small mistake can prove to be fatal. In our case, Han, a Chinese juggler severely injured his wife during a performance. The wife succumbed to the injuries of the knife and died on the spot. The incidence occurred on the stage and was witnessed by an audience of over three hundred. When performing such moves, the characters are expected to be highly alert and in good state of mind. The act of killing another person is considered a crime. The prosecution should beyond reasonable doubt, prove that the accused really committed the crime. In this case, Han had the responsibility of ensuring his wife is not hurt during the performance. He owed his wife a duty of care which he did not fully meet thus leading to her death. It is for this reason that I find Han to be guilty for the crime of manslaughter.
When the judge interrogated the owner-manager regarding the risky of the performance, the manager responded by saying that the performance is not that risky if at all the performer has a healthy state of mind and is highly alert. This shows the level of competency that is associated with this type of performance. A healthy state of mind would mean that the characters are not under any influence of drugs such as alcohol, cocaine e.t.c. Also, the performers must be emotionally and spiritually at peace (Ash 29). This helps in facilitating concentration and precision when undertaking the task assigned. How can we then determine whether the character was in a health state of mind? This can be determined by examining the character’s behavior prior to and after the incidence. A psychological examination is also vital in order to have concrete evidence. Such a performance cannot be allowed if the owner learns that the characters are incapable. That means they ought to be highly skilled and not practicing the performance for their very first time.
Not being able to protect your partner’s life amounts to negligence which is substantive evidence in court. What even makes the act offensive is the threat on life that it is associated with it. Han hurls several carver-sized knives at his wife to form an outline of her body not putting in mind that any slight diversion of the knife could result to severe deep cut like it happened. The incidence may also have been an accident; it’s likely it was not Han’s intention to injure his wife. The judge may consider this in his ruling but that does affect the liability of the accused for the crime committed. If one’s direct actions results to the loss of life, then that person is liable unless the whole incidence is proved to be an accident (LaFave 63). An accident can be determined by level of control that was beyond the accused capability such as a car accident.
Some performances are rather dangerous. Characters assigned to perform them should be highly skilled and in high alert. Due care should be emphasized in order to prevent loss of life. Managers should not allow performances that are life threatening to be carried out in the clubs instead they should advocate for creative acrobatics that pose little harm to the characters. In situations where an act is considered as life threatening then consent should be given by the relevant authorities prior to the performance. All precautions must be put in place to curb the occurrence of harm. This will even involve setting up a standby emergency team which immediately gets into action if the unexpected happens.