Tales Posted August 5, 2012 Posted August 5, 2012 Good story but it's not true. http://en.wikipedia.org/wiki/Ronald_Opus Anyway I wouldn't say it's suicide. The father killed is son by accident. So his death was an accident.
Ellmeister Posted August 5, 2012 Author Posted August 5, 2012 I didn't check if it was true, still it is a good analogy of how the law works. The father didn't kill because there was no malice aforethought.
EEVILMURRAY Posted August 6, 2012 Posted August 6, 2012 I didn't check if it was true, still it is a good analogy of how the law works. The father didn't kill because there was no malice aforethought. Just because there was no intent doesn't mean he is not guilty of killing him. It just means he's not guilty of murder/homicide. There's no malice required for (involuntary) manslaughter.
Ellmeister Posted August 6, 2012 Author Posted August 6, 2012 Just because there was no intent doesn't mean he is not guilty of killing him. It just means he's not guilty of murder/homicide. There's no malice required for (involuntary) manslaughter. Manslaughter is not murder. I was pointing put it wasn't murder. Can't remember the involuntary manslaughter criteria but not sure if that would be the case either.
Fierce_LiNk Posted August 6, 2012 Posted August 6, 2012 Whether or not the gun was unloaded, the Father is a complete idiot for waving a weapon infront of anybody, let alone his wife. Whether it's loaded or not, you're still brandishing a weapon. He fired the gun, so he intended to cause harm to his wife, either physically or psychologically. How would you feel if somebody pointed a gun at you and pulled the trigger, even if it may not have been loaded? Surely the man should also be charged with attempted murder or an equivalent charge in this case, as well? As for "murdering" yourself, I just don't buy that at all sorry. For me, the person brandishing or using the weapon is the person ultimately responsible. If you load a gun right now and the gun remains on the top shelf or in a cabinet somewhere, you don't kill anybody - because the gun isn't being used. Yes, some responsibility should be taken for loading it, but not the entirety. Very interesting, nonetheless.
Cube Posted August 6, 2012 Posted August 6, 2012 I think the point is that the man and the wife both knew the gun was never loaded. What if it had been a replica replaced with a real one?
Jonnas Posted August 6, 2012 Posted August 6, 2012 "I didn't mean to kill her! I aim my shotgun at her all the time!" Anyway, it's involuntary manslaughter. The son would be charged with (attempted) murder on the grounds of intent. Like, if he cut off the father's brakes, and he ran over two people as a result, it would be considered in the same way. Still, the bizarreness of the whole situation is unique. Could make a mystery book.
Fierce_LiNk Posted August 6, 2012 Posted August 6, 2012 I think the point is that the man and the wife both knew the gun was never loaded. What if it had been a replica replaced with a real one? Oh, I know what the point is. But, there isn't any mention of it being a replica. The son should have some responsibility for it, no doubt about it. It's a very stupid "tradition" to have anyway, arguing with the wife and then pulling a gun on her, real or not, loaded or unloaded. Anyway, yes, it is interesting. Tempted to watch Magnolia after seeing it mentioned on that wiki link. "I didn't mean to kill her! I aim my shotgun at her all the time!" Anyway, it's involuntary manslaughter. The son would be charged with (attempted) murder on the grounds of intent. Like, if he cut off the father's brakes, and he ran over two people as a result, it would be considered in the same way. Still, the bizarreness of the whole situation is unique. Could make a mystery book. Pretty much this.
Dannyboy-the-Dane Posted August 6, 2012 Posted August 6, 2012 Ha! Brilliant story. I have no idea what to think about the legal situation, though.
Rummy Posted August 6, 2012 Posted August 6, 2012 This is like, older than the internet. I have no idea what it would actually be if it really occurred in a case of law, but it certainly highlights the intricacies of it. I quite like some of the quirks of law, if I'd been more bookish/less lazy I wish I'd studied it.
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