Saturday, March 15, 2008

Give Gun to Suicider, Go to Prison

For involuntary manslaughter. Here. (after free registration)

1) The intent was to help, not to hurt. This case is missing a mens rea. The act, handing someone a gun, without knowledge of an imminent crime, is hardly an actus reus.

2) If the intent had helped and not hurt, there would be no criminal case. The intent and act was that of the suicider, not that of the defendant. The defendant was scapegoated for a negative outcome.

3) The defendant was subject to outcome bias, a violation of his procedural due process right to a fair hearing.

4) At worst, the defendant could be sued for trying to rescue the deceased, but failing to do so adequately. I would defend that tort with the idea of no duty by a bystander. The act of an impulsive person cannot be foreseen, per se, not even by the person, herself.

No comments: