Quote:
Originally posted by KatieKate1244
If (God forbid) the shot man dies, will Cheney be charged with murder, or would it be something like manslaughter?
|
We were discussing that in the office for a brief period today (a law office). The charge would probably be negligent homicide. I haven' t had class 1 on criminal law yet, so I don't know whether actual negligence is required in negligent homicide (but it seems likely).
If that is so, the victim expiring from a heart attack would have had to be a foreseeable consequence of Cheney's accidental shooting. I think that's a pretty solid defense here -- at least assuming that the defendant being the proximate cause is a necessary element of the crime. Besides, he's the V.P. They don't charge V.P.'s with crimes when there's a question of causation.
That's my guess.
Now, is Cheney liable in tort? He even has a good defense there if the victim had the 'last clear chance' to avoid the injury -- or at least he can mitigate his loss by the comparative negligence of the other party.
Hybrid Mode
