Visit the Ironworks Gaming Website Email the Webmaster Graphics Library Rules and Regulations Help Support Ironworks Forum with a Donation to Keep us Online - We rely totally on Donations from members Donation goal Meter

Ironworks Gaming Radio

Ironworks Gaming Forum

Go Back   Ironworks Gaming Forum > Ironworks Gaming Forums > General Discussion > General Conversation Archives (11/2000 - 01/2005)

 
 
Thread Tools Search this Thread
Old 10-23-2004, 02:31 AM   #11
Aerich
Lord Ao
 

Join Date: May 27, 2004
Location: Canada
Age: 42
Posts: 2,061
Quote:
Originally posted by Timber Loftis:
Textbook legal answer: murder.

Two rules apply here.
1. Transferred intent. Even though they did not intend to kill the passerby, the intentional act of trying to kill the target gets transferred to fulfill the intent element of murder.

2. The merger doctrine, which means that when multiple crimes apply to the same act, they merge into the most severe crime. So, since the act is getting charged with murder, the lesser crime of attempted murder merges into the charge.

Thank you, I'll be here all week.
Ah, but you'd have to prove that the shooter intended to kill the first target or was acting recklessly, etc., not just shooting to wound or frighten. We need more facts!

It's a bit different in Canada, not that that helps answer a question that likely presupposes American jurisdiction. The Charter of Rights and Freedoms (a constitutional document) came into force in 1982 and has had a profound effect on all areas of Canadian law. I recall that there's a lesser chance of transferred intent succeeding, depending of course on the specific situation.

[ 10-23-2004, 02:32 AM: Message edited by: Aerich ]
__________________
Where there is a great deal of free speech, there is always a certain amount of foolish speech. - Winston S. Churchill
Aerich is offline  
Old 10-23-2004, 05:50 AM   #12
Lauren
Baaz Draconian
 

Join Date: May 24, 2004
Location: Bundaberg, Queensland, Australia
Age: 35
Posts: 721
well I'm not expert but i did do Legal Studies for two terms and we did manslaughter and all that.
They would be guilty of attempted murder and level 2 manslaughter - if proved guilty can spend up to 30-50 years in jail (in australia).
__________________
"So many thoughts running through my head, I know what you feel, I know what you dread; When a room's filled with laughter, when a room's filled with lies, you're the only one I know that's in disguise..."
Lauren is offline  
Old 10-23-2004, 06:08 AM   #13
Mouse
Ironworks Moderator
 

Join Date: March 1, 2001
Location: Scotland
Posts: 2,788
Murder and attempted murder. Here in Scotland we have a neat way of getting round the legal conundrum of someone copping to a lesser charge in these circumstances.

There would be no dispute that attempted murder is the correct charge with regard to the primary target.The arguement would be made that, as the shooter had no intent to kill the second party, then a lesser charge of culpable homicide should apply.

Not so, here we have the concept that if an action is so wickedly recklessthat it demonstrates equivalent culpability to clear intent, then a murder charge is sustainable.

The classic definition of murder in Scots Law is thus "Murder is constituted by any wilful act causing the destruction of life, whether intended to kill, or displaying such wicked recklessness as to imply a disposition depraved enough to be regardless of the consequences."
__________________
Regards

Mouse
(Occasional crooner and all round friendly Scottish rodent)
Mouse is offline  
Old 10-23-2004, 11:15 AM   #14
Stratos
Vampire
 

Join Date: January 29, 2003
Location: Sweden
Age: 43
Posts: 3,888
Firing at someone when there's a risk of hitting a bystander is reckless, but will that in and by itself effect the charges against the shooter?
__________________
Nothing is impossible, it's just a matter of probability.
Stratos is offline  
Old 10-23-2004, 12:26 PM   #15
armageddon272
Symbol of Cyric
 

Join Date: September 20, 2004
Location: Maine, feel sorry for me
Age: 33
Posts: 1,163
well, if its in self-defense, it can be debated. and if people have good lawyers, they can (from what ive heard) add a bunch of other stuff on top of attempted murder and mansloughter for the fun of it. disturbing the peace, holding a firearm in public (not sure about that one) etc. now why would you ask us this? did something happen that your not telling us? hmm? [img]graemlins/1ponder.gif[/img]
armageddon272 is offline  
 


Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools Search this Thread
Search this Thread:

Advanced Search

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is On

Forum Jump

Similar Threads
Thread Thread Starter Forum Replies Last Post
"Legal" music downloading question Larry_OHF General Discussion 13 01-10-2006 08:20 PM
I have a question about legal level character Harkoliar NWN Mod: Escape from Undermountain 2 01-17-2004 06:09 AM
Legal Question Dreamer128 Neverwinter Nights 1 & 2 Also SoU & HotU Forum 5 10-18-2003 04:58 AM
I have a legal question for any willing to take a crack at it...... Stormymystic General Conversation Archives (11/2000 - 01/2005) 15 05-19-2003 07:05 PM


All times are GMT -4. The time now is 06:41 AM.


Powered by vBulletin® Version 3.8.3
Copyright ©2000 - 2024, Jelsoft Enterprises Ltd.
©2024 Ironworks Gaming & ©2024 The Great Escape Studios TM - All Rights Reserved