Re: Hypothetical case
Posted by Carol on 2/16/06
On 2/16/06, Bob R/CA wrote:
> Let's say I have a hypothetical case, where a client who
> is on a vacation to say a southern state, drinks beer and
> goes hunting without a hunting license. During the
> outing, the hypothetical hunter accidentally shoots and
> wounds a fellow hunter from the same hunting party.
> Assuming this is just your average person, criminal
> liability? To what end?
> Suppose the victim takes a turn for the worse, and has a
> heart attack and dies. What civil and criminal liability
> might the average hypothetical person face?
Only know my own state's laws, while it's not southern we/re
midwestern and fairly rural, hunting is prettty big here
so: Hunting without a license is the first thing that comes
to mind but in many states,if it's your own land you don't
need a license. I wish there was a crime of stupidity and
callousness but that seems to be a prerequisite for some
administrative jobs these days. Criminal liability in my
state: using weapons while intoxicated is a first degree
misdemeanor and there are no exceptions. There are also
laws about where when and how a firearm is discharged but
many do not apply if it is on your own land. Was our hypo
on his own land? If the victim dies from a gunshot and the
defendant was merely (?) negligent, it is still a first
degree misdemeanor--this specifically applies to hunting
accidents and kids playing with guns. Other factors may
raise it up to the felony level: killing someone while
committing a misdemeanor makes it involuntary manslaughter,
a 3rd degree felony. So: if he were using the weapon while
intoxicated (and of course it would have to be shown by
evidence beyond a reasonable doubt i.e. someone would have
to rat him out since we know that no BAC was done--in Ohio
he would be guilty of a 3rd degree felony. What he would be
charged with I should say since everyone is innocent until
proven otherwise. Could also throw in assualt and battery I
suppose. civil? assualt. negligence, reckless, wanton or
malicious (treble damages) personal injury lost wages and
medical bills, loss of consortium for the victim's family.
I'll probably think of some more later. but hey, if he (the
d) admits that he pulled the trigger and thus is
responsible, I'm sure he'll get a pat on the back from the
president for taking responsibility, maybe even a medal for
being such a big man about it, and lots of material for his
book. While the poor sap who takes the fall for him once
more suffers and possibly dies. oops, getting a little too
Posts on this thread, including this one
- Hypothetical case, 2/16/06, by Bob R/CA.
- Re: Hypothetical case, 2/16/06, by Carol.
- Re: Hypothetical case, 2/16/06, by Curmudgeon.