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Lis Wiehl and Tamara Holder on the role criminal vs civil liability would play in the lawsuit
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She was an all right time to get to the legal panel now with me here in the studio -- -- Fox News legal analyst.
And that joining us from Chicago timer a hold a criminal defense attorney and Fox News contributor of course -- to see a camera.
Hi all right -- -- -- to -- first these two Australian DJ's.
They make this prank -- nobody could have predicted where this would go.
I actually kind of giggled a little bit when I first or I thought it was quite funny they go through to that I.
And -- -- -- is the horrible accident horrible but they got through and now one of goodness is the winner Reggie took the cool.
Committed suicide.
Any legal.
Jeopardy for these well -- -- you just put.
Your finger on what you said predicted I could not have predicted that because the legal element is could it have been forced seen.
Was isn't foreseeable consequence of picking up the phone from Australia and doing a hoax -- -- the DJ say.
We didn't even know that we didn't get through and this nurse that killed herself.
She wasn't -- one and actually she took the call but that she -- along she was up the one actually gave the information out so.
I would say as that defense lawyer on this I would say there's no foresee a building here you couldn't have forcing us to -- is making that phone call.
That that would be the result of this poor woman killing herself.
That being said I've done some research and the UK Australia -- is a bit more different is a bit more stringent than America really on this yes.
But did tell her what's your view this -- Why are actually gonna take the other side of -- for the purposes of of an argument.
They they should have been able to foresee at least or at least the hospital has some liability here in my in my opinion because.
They know that that the that it.
On Kate should they know that she was there they know that they had a duty to to confidentiality.
And he knew the seriousness of her situation.
So for them to actually release any information.
Is you know there's a liability issue there but I don't think there's necessarily a liability for her suicide.
And that's -- it's a little tricky I don't know if there's any kind of precedent that we can compare this case -- At least not a suicide issue is the real issue here because -- that this that's the issue that the criminal law issue.
Was there for -- ability.
And what that we're seeing as she could have committed suicide that that would be criminal that could be manslaughter and second degree murder something like that I just don't as a former prosecutor.
I don't see how I make that case and under United States' laws under the radio the code in Australia -- England.
You got a stronger case but under US law.
I just don't see how you -- think that it despite making up phone call someone actually killer -- it wasn't something else going on without court camera what do Battelle -- -- base.
-- case on the -- all of the relatives all of the young woman who killed itself.
Right and that's what I wanted to get to the average person who has been a lawyer doesn't really understand the difference in when you talk about liability there's a difference between criminal liability.
And civil liability -- stocks were really the big issue is because.
The hospital should have known and and forget the fact that at the princess was there the fact that.
You know that.
That there confidentiality.
Issues for any patient and they released they released information -- -- be a liability -- civil liability in and of itself but that would have to be brought by the royal family I just don't see them bringing that lawsuit.
I don't I'm not sure that they would do that it just doesn't make sense when they would raises even to more public forum to bring a civil lawsuit camera.
11 hello how good they are -- might step in and do something.
For the family they they haven't sent to a great deal about this obviously other than to express sympathy but I -- camera.
I -- I kind of just hope that does side from all the court action.
The royal family may be -- and no it's not their fault but that I mean offering support to that family -- however they do it financial or otherwise would be a very big deal.
Right and there wasn't really information and extract extra -- solar confidential information that was released this is the fact that we knew that she's in the hospital and and they said that she was -- you know being re hydrated or whatever it is still wasn't really anything that wasn't in the public anyway.
But there was a settlement today which which makes me think that maybe the family and the radio station just -- some money and and let's just make it go away we lost a loved one and and let's move forward.
All right I gotta get to a couple of other subjects with you guys festival at least the FTC.
It's putting out this -- all that certain mobile app make friends are violating.
Children's online privacy rules have -- But because they're going on within that it is children as young as ten are having these apps really vital -- violated and it's very scary as a as a mom did you just.
Those are giving way to legitimately give away too much information I mean it's just what -- second when you have these things you're supposed to -- protect -- just talking about privacy you're just a second on the terms of the hospital when you give your child something like that an app you don't think that the FC that -- ready to government is going to be looking at what they're what they're on what they're doing.
Yes crazy not dead dad tell her what what do what do you make of this should -- should parents because they're -- grew up.
Sure but it's not necessarily even the government it's looking at that these private apps that people are -- young children are downloading.
There then collecting information and then what are they doing with that information or what kind of information are they getting.
And you know there was never report that they did just last year -- study so my question is.
And you know I'm the liberal here this seems to -- government in involvement what are they doing with this information and it's two years -- -- study -- What's the point I mean what are the changes that are being made just to say that you found something while.
Now what -- I just don't understand the point -- -- meanwhile though the.
Then again coming from a parent angle.
You're you're watching you cannot like watching a kid 24/7 to see what they're yelling like downloading and you can't be watching with the company's amber and -- governor loading for a downloaded from the children.
That's just seems to me to being wrong that they can they can get this kind of sensitive information.
All right this there's not.
Let's go quickly kind of damage this thing there's just been no credible anti -- -- that was proven out of this study I don't understand what this point president shine my.
I don't know I guess it's something get a mission out and -- -- concerned about it private for L let.
For all of us privacy on on in his but he I guess is if you go online you just gonna think yep that's it.
I don't have a little privacy not privacy privacy and dean I'm all right I -- quickly.
Before we go here I wanna get you done this note not a legal issue as such here -- -- -- motor has taken place but.
We didn't go nobody charge -- anything yet but I want to get -- gut feeling on wall went down on the streets of Manhattan yesterday 58 freedom broadly just by central partner -- -- Of terrorist Manhattan.
Young -- 31 years old walking along the straight.
Somebody comes up behind -- -- -- one shot into the back of his head.
Hops into a waiting time is driven away.
What does that say to you -- That's -- not random and my specialty.
As a prosecutor with murder for hire her and -- for the looks like right I mean it looks like it was totally set up I don't know why helpless drug related -- it was you know.
If it's patent fossil issues be it monetary its monetary issues but that was not a random killing -- -- -- -- that's ahead.
I don't know I just seems like it's a little scary especially when just the other day we also had a random guy thrown into a subway who's so into an oncoming subway and -- that seems like that was random so.
It's kind of scary and I think people just need to be vigilant and and hopefully it.
Hopefully for a lack of better word it was it wasn't targeted killings so that people don't have to be afraid of writing random victim.
Yep all right camera hold criminal defense attorney joining us from Chicago thanks very much indeed -- at least we'll folks he's contributed here in this you can't thank you both very much.
