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Article #1306

Re: Jogger is killed when hunter mistakes him for a deer

#1306
From: Scott Smay
Date: Mon, 16 Nov 1992 16:49
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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.
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From: smay@boi.hp.com (Scott Smay)
Subject: Re: Jogger is killed when hunter mistakes him for a deer
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Date: Mon, 16 Nov 1992 16:49:26 GMT
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