theFallGuy
I Love the Smell of Napalm In the Morning
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Just a quick hypo - Mohammed Al Akbar Dalai Lama is going to attack the local Wal-Mart on Black Friday. Al, as Mohammed Al Akbar Dalai Lama is known, approaches the Wal-Mart before it opens when there is a huge throng of people outside waiting to trample each other in hopes of getting a cheap TV. As Al approaches the line of innocents he pulls out his assault rifle with its his high capacity magazine and takes aim at the crowd.
Now, at the same time, Cletus Jethro McCoy, who is approaching Al from behind and who is licensed to carry and has a desert eagle strapped to his left hip, a .45 in a shoulder holster and knife in his boot sees Al approach the crowd and draw his weapon. He quickly pulls his .45 and quickly squeezes off 5 rounds, the first 3 are off target and hit 3 people in the crowd. The 4th and 5th find their mark and strike Al. Al falls to the ground, but is still twitching about so Cletus, fearful that Al might still try to kill some of the innocent Wal-Mart shoppers, races up to him and slits his throat with his knife. It all happens so quickly that Al doesn't even get off a shot.
The three people that were struck by Cletus' errant shots all die. Unlikely as it seems the three people killed were all sisters. LaShonda, Tangilique and Zeniqua Johnson were all in line waiting to buy their children Christmas gifts. Interestingly, they each had 4 children by 3 different baby daddy.
Does Cletus get prosecuted for negligent homicide or do you throw him a parade?
Throw him a parade, and arm him with grenades and a flamethrower when he recovers.Just a quick hypo - Mohammed Al Akbar Dalai Lama is going to attack the local Wal-Mart on Black Friday. Al, as Mohammed Al Akbar Dalai Lama is known, approaches the Wal-Mart before it opens when there is a huge throng of people outside waiting to trample each other in hopes of getting a cheap TV. As Al approaches the line of innocents he pulls out his assault rifle with its his high capacity magazine and takes aim at the crowd.
Now, at the same time, Cletus Jethro McCoy, who is approaching Al from behind and who is licensed to carry and has a desert eagle strapped to his left hip, a .45 in a shoulder holster and knife in his boot sees Al approach the crowd and draw his weapon. He quickly pulls his .45 and quickly squeezes off 5 rounds, the first 3 are off target and hit 3 people in the crowd. The 4th and 5th find their mark and strike Al. Al falls to the ground, but is still twitching about so Cletus, fearful that Al might still try to kill some of the innocent Wal-Mart shoppers, races up to him and slits his throat with his knife. It all happens so quickly that Al doesn't even get off a shot.
The three people that were struck by Cletus' errant shots all die. Unlikely as it seems the three people killed were all sisters. LaShonda, Tangilique and Zeniqua Johnson were all in line waiting to buy their children Christmas gifts. Interestingly, they each had 4 children by 3 different baby daddy.
Does Cletus get prosecuted for negligent homicide or do you throw him a parade?
Just a quick hypo - Mohammed Al Akbar Dalai Lama is going to attack the local Wal-Mart on Black Friday. Al, as Mohammed Al Akbar Dalai Lama is known, approaches the Wal-Mart before it opens when there is a huge throng of people outside waiting to trample each other in hopes of getting a cheap TV. As Al approaches the line of innocents he pulls out his assault rifle with its his high capacity magazine and takes aim at the crowd.
Now, at the same time, Cletus Jethro McCoy, who is approaching Al from behind and who is licensed to carry and has a desert eagle strapped to his left hip, a .45 in a shoulder holster and knife in his boot sees Al approach the crowd and draw his weapon. He quickly pulls his .45 and quickly squeezes off 5 rounds, the first 3 are off target and hit 3 people in the crowd. The 4th and 5th find their mark and strike Al. Al falls to the ground, but is still twitching about so Cletus, fearful that Al might still try to kill some of the innocent Wal-Mart shoppers, races up to him and slits his throat with his knife. It all happens so quickly that Al doesn't even get off a shot.
The three people that were struck by Cletus' errant shots all die. Unlikely as it seems the three people killed were all sisters. LaShonda, Tangilique and Zeniqua Johnson were all in line waiting to buy their children Christmas gifts. Interestingly, they each had 4 children by 3 different baby daddy.
Does Cletus get prosecuted for negligent homicide or do you throw him a parade?
Good Samaritan laws?
I am sure it would be raised as a defense, but someone who helps another person in an emergency situation will be liable if they act in a manner that ultimately exacerbates the injury and/or condition rather than alleviating it. According to the Good Samaritan law, once an individual begins to provide aid to another, a duty forms to exercise due care. Due care, sometimes referred to as reasonable care, is defined as acting in a manner that a reasonably prudent person would act under the same or similar circumstances. The reasonable person standard is a legal creation. It is an objective test.
So as long as Johnny Jihad's assault weapon fires, Cletus should be fine. It's anything but a reasonable man test since attorneys can argue it both ways. You take reasonableness out of the equation.I am sure it would be raised as a defense, but someone who helps another person in an emergency situation will be liable if they act in a manner that ultimately exacerbates the injury and/or condition rather than alleviating it. According to the Good Samaritan law, once an individual begins to provide aid to another, a duty forms to exercise due care. Due care, sometimes referred to as reasonable care, is defined as acting in a manner that a reasonably prudent person would act under the same or similar circumstances. The reasonable person standard is a legal creation. It is an objective test.
Just a quick hypo - Mohammed Al Akbar Dalai Lama is going to attack the local Wal-Mart on Black Friday. Al, as Mohammed Al Akbar Dalai Lama is known, approaches the Wal-Mart before it opens when there is a huge throng of people outside waiting to trample each other in hopes of getting a cheap TV. As Al approaches the line of innocents he pulls out his assault rifle with its his high capacity magazine and takes aim at the crowd.
Now, at the same time, Cletus Jethro McCoy, who is approaching Al from behind and who is licensed to carry and has a desert eagle strapped to his left hip, a .45 in a shoulder holster and knife in his boot sees Al approach the crowd and draw his weapon. He quickly pulls his .45 and quickly squeezes off 5 rounds, the first 3 are off target and hit 3 people in the crowd. The 4th and 5th find their mark and strike Al. Al falls to the ground, but is still twitching about so Cletus, fearful that Al might still try to kill some of the innocent Wal-Mart shoppers, races up to him and slits his throat with his knife. It all happens so quickly that Al doesn't even get off a shot.
The three people that were struck by Cletus' errant shots all die. Unlikely as it seems the three people killed were all sisters. LaShonda, Tangilique and Zeniqua Johnson were all in line waiting to buy their children Christmas gifts. Interestingly, they each had 4 children by 3 different baby daddy.
Does Cletus get prosecuted for negligent homicide or do you throw him a parade?
I agree that the good Samaritan laws wouldn't/shouldn't apply in your scenario.
Lets tweak your scenario just a bit. The terrorist fired first, even just in the general direction of Cletus and in returning fire 3 innocents were killed, Cletus shouldn't be prosecuted.
OK, thanks. If I am strapped at some sort of liberal event, I will be sure to leave it in the holster so that as many liberals as possible are killed by the offenders and not to endanger my personal freedom. If the bad guys come toward me, I will be sure to wait until I can place my weapon firmly upon their temple before pulling the trigger. Happy? All your friends are dead now. Not just a couple. :cray::cray::cray:Wholeheartedly disagree. If Cletus opens fire he assumes the risk of what results therefrom. Without holding him and the initial shooter accountable, then we are simply a "Wild West" society where the rules of law don't apply, law enforcement is pointless, and it simply ever man, woman, and child for themselves.
Flame away righties!
I agree that the good Samaritan laws wouldn't/shouldn't apply in your scenario.
Lets tweak your scenario just a bit. The terrorist fired first, even just in the general direction of Cletus and in returning fire 3 innocents were killed, Cletus shouldn't be prosecuted.
Wholeheartedly disagree. If Cletus opens fire he assumes the risk of what results therefrom. Without holding him and the initial shooter accountable, then we are simply a "Wild West" society where the rules of law don't apply, law enforcement is pointless, and it is simply ever man, woman, and child for themselves.
Flame away righties!
