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    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
    political here?

    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.

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