Re: Hypothetical case
Posted by Curmudgeon on 2/16/06
I'm sure the NRA will honor him as an exemplar of how to shoot
someone in the face without fatally wounding him.
On 2/16/06, Carol wrote:
> 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.