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- From: smay@boi.hp.com (Scott Smay)
- Subject: Re: Jogger is killed when hunter mistakes him for a deer
- Sender: news@mail.boi.hp.com (News Server Project)
- Message-ID: <BxtIqF.9n3@mail.boi.hp.com>
- Date: Mon, 16 Nov 1992 16:49:26 GMT
- References: <WzD=WNB@engin.umich.edu>
- Organization: Hewlett-Packard / Boise, Idaho
- X-Newsreader: TIN [version 1.1.4 PL6]
- Lines: 28
-
- Robert Byron Lowrie (lowrie@advection.engin.umich.edu) wrote:
- :
- : My point, which you deleted, is that hunting is a legal activity,
- : whereas driving drunk and/or blindfolded are illegal. Therefore, I
- : believe, and I think generally law in the U.S. would back me up (I'm
- : no lawyer), is that the punishment should be less in this case. The
- : reason is that driving drunk or blindfolded are *premeditated*
- : reckless actions, whereas I doubt (although it could be the case) Mr.
- : Cook *intended* to shoot "anything that moves" the day he went
- : hunting. If, for instance, Mr. Cook boasted to friends before he went
- : hunting that he was going to shoot anything that moves, then I agree
- : with you.
- :
-
- I hate to call bullshit twice, but bullshit bullshit. Driving blindfolded is
- probably not even illegal. Killing someone while driving blindfolded is,
- because it's negligent. If Cook intended to shoot anything that moves,
- including people, then it's premeditated murder. If he didn't intend to but
- does it anyway, it's negligent homicide which is a crime. He doesn't have
- to boast, he doesn't have to be a jerk, he just has to kill someone through
- his own negligence.
-
- : In these cases, I've heard that the hunter truly believes the person
- : he/she shot was a deer; I think they call this "Buck Fever".
- : --
-
- Then maybe he's found innocent by reason of temporary insanity. The public
- interest is not served by not charging him.
-