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Old 06-22-2013, 07:51 PM   #70
viverrid
not dead yet
 
Joined: Jan 2004
Location: Western Mass
Oddometer: 30,482
Quote:
Originally Posted by hyper7driver View Post
....If I where to get drunk, and fire a gun at some object in someone's yard, (my own yard, neighbor's, whoever,) and instead accidentally hit and kill someone, I would be charged with murder. Right?
Uhh no, no you wouldn't. More along the lines of Manslaughter or Criminally Negligent Homicide depending on the laws of your state, but definitely NOT "murder".

You are criminally liable because you intentionally drank alcohol to the point of being drunk, and then fired the gun. If you got drunk and then got behind the wheel and killed someone, that too would be a serious offense. If you simply made a mistake (while sober) it is, rightfully, not as serious a criminal offense. Though still subject to civil liability.

You are focusing ONLY on the result, which is often in large part just bad luck, while criminal law also takes into account intent.
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Advanced pancreatic cancer found 04/2010. Have outlived +/- 97% of patients with this diagnosis, but 08/2013 cancer now in liver, vascular system and lungs with 20+ lung tumors. Sick/weak sometimes, not riding much. No more treatments & now under Hospice care.
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