Re: Brain Trauma Injury
Posted by mamadoc on 12/22/05
... continuation (Posted this but reposting it because when I did it the first and second times, with slight variations, it went to the "system administrator for review" -- anyone know what triggers this result?) 1. Adverse Possession or Prescriptive Easement? 2. Duties of Landowner to Known Trespasser 3. Intentional Tort - Battery 4. Crimes of Farmer 5. Farmer's defenses Even in jurisdictions that have make-my-day statutes allowing potentially lethal Defense to Property, as to entrants into a person's dwelling, no jurisdiction allow use of potentially deadly force to prevent a trespasser from using a trail for snowmobiling. Because Farmer's act was potentially deadly, even if it did not actually kill P, therefore, Farmer cannot invoke defense of property. If farmer can show he mistakenly believed that putting crates in a place that would block a trail used by high-speed snowmobilers under the conditions described in the facts would not place them at high risk for death or severe bodily harm, then the defense of mistake may apply, because Farmer is charged with general and not specific intent crimes. so, Mikey, my understanding is therefore that, unless Farmer can succeed in a defense of mistake, Farmer is liable for Battery or, if P dies, for depraved heart (or intent to commit serious bodily harm) second degree murder. Where is my logic flawed?
Posts on this thread, including this one
- Brain Trauma Injury, 12/18/05, by Rita Scott .
- Re: Brain Trauma Injury, 12/18/05, by DontHurtMe.
- Re: Brain Trauma Injury, 12/19/05, by M'sta Mikey.
- Re: Brain Trauma Injury, 12/21/05, by mamadoc.
- Re: Brain Trauma Injury, 12/21/05, by M'sta Mikey.
- Re: Brain Trauma Injury, 12/22/05, by mamadoc.
- Re: Brain Trauma Injury, 12/22/05, by mamadoc.
- Re: Brain Trauma Injury, 12/22/05, by DontHurtMe.
- Re: Brain Trauma Injury, 12/22/05, by mamadoc.
- Re: Brain Trauma Injury, 12/22/05, by mamadoc.
- Re: Brain Trauma Injury, 12/22/05, by mamadoc.
- Re: Brain Trauma Injury, 12/22/05, by mamadoc.
- Re: Brain Trauma Injury, 12/22/05, by Curmudgeon.
- Re: Brain Trauma Injury, 12/27/05, by Rita Scott .
- Re: Brain Trauma Injury, 12/27/05, by Rita Scott .
- Re: Brain Trauma Injury, 12/29/05, by Order in the Court.
- Re: Brain Trauma Injury, 12/30/05, by Rita Scott .
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