bookelfe asked: Some dude whose name I've forgotten is a clone of a murderer. He was cloned by Starfleet, as a way of establishing that the original was, in fact, a murderer who murdered his other clone. Can he sue Starfleet for responsibility/childcare/damages?
HI BECCA. Bet you weren’t expecting this. I’m exhausted and I need to do torts review, so it’s time for another episode of The Law Student Is In!
The usual disclaimer: I am not offering legal advice. I am publicly thinking through a hypo, using the dizzying experience conferred on me by almost a full entire term of law school. Not only can I not offer you any advice if you are in a similar situation, any advice you infer from this post is likely to be extremely wrong. If you have been cloned by Starfleet, my nonlegal advice is to stay far away from captains and commanders, whose deep-seated identity conflicts will play out all over you.
This is a really interesting question, and the short answer is, I’m not sure. I mean, it’s criminal in a number of states to abandon a child. Ibudan (his name is Ibudan) emerges an “adult”, but c’mon, if you’re experientially a newborn, even if you’re physically a grown man, a powerful argument can be made that you are for all intents and purposes a child. (I suspect that argument would be even better under a legal system designed to cope with varying species’ definitions of latency periods— there must be some common-law test for childhood a clever lawyer could apply here.)
But you didn’t ask me if it was a crime to be abandoned as an experiential child. You asked if he had a civil action. And… maybe.
Tw for child abuse and neglect below.