You leave your house with a loaded gun... You are on your way to kill Bob. On your way there, you accidentally hit a pedestrian and kill him... As it turns out, It was Bob!
Murder?
Premeditation?
Intent?
You were intending on killing him, and he is now dead at your hand!
http://answers.yahoo.com/question/;_ylt=ApLyCOBwp3NtFA8o.WyirNlIzKIX?qid=1006052660856
answer 30, not my original writing so no not plagerizing.
2006-08-14 11:13:52 · 10 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
I would think none of the three because:
1) It was an accident
2)You did not "premeditate" having an accident and hitting someone accidentally
3)There is no "intent" because you did not intend to kill him by running him over.
2006-08-14 11:23:26 · answer #1 · answered by Silva 6 · 0⤊ 1⤋
Classic law school exam question. The answer is None of the above.
There was intent and premeditation. However, there was not concurrence between that intent and the physical action that resulted in the death.
In other words, the intent did not cause the action, so the chain of causality between intent and result is broken.
In practice, however, a good prosecutor won't let a technicality like this get in the way, because they'll structure their case to avoid the concurrence problem. They'll just prove intent, prove result, and allow the jury to infer causation.
2006-08-14 21:12:43 · answer #2 · answered by coragryph 7 · 2⤊ 0⤋
It's murder because you intended to kill Bob.
Also, since you were on your way to kill Bob and killed someone (Bob or anyone else) it may qualify under the felony murder rule (meaning that any death that occurs during the commission of a felony is a homide)
2006-08-14 19:17:05 · answer #3 · answered by shomechely 3 · 0⤊ 0⤋
Since it was an accident and you didn't know it was Bob it probably isn't murder but it could be vehicular homicide depending on who caused the accident and why. You could also have your lawyer offer the theory that Bob was on his way over to kill you and then plead self-defense.
2006-08-14 18:29:00 · answer #4 · answered by worldhq101 4 · 0⤊ 0⤋
well, if you confess to wanting to kill bob and leaving the house with a loaded gun to kill him, then you can be booked on premeditated murder......after all, he's still dead. other than that, it would be vehicular homicide, involuntary manslaughter.
2006-08-14 18:27:30 · answer #5 · answered by goldie 4 · 0⤊ 0⤋
Well in theory it would be manslaughter, but in practice... The prosecution would assume you saw it was Bob, and attempted to kill him with the car. If they could prove you were on the way to kill him it would likely be murder I.
2006-08-14 18:33:08 · answer #6 · answered by Sabersquirrel 6 · 0⤊ 0⤋
Any homicide is considered murder. And while it seemed like an accident at the time, it was also premeditated.
2006-08-14 18:21:00 · answer #7 · answered by Cinnamon 6 · 0⤊ 0⤋
murder, no premeditation or intent because that is now how you had planned on killing him
2006-08-14 18:18:30 · answer #8 · answered by IrishEyes84 2 · 0⤊ 0⤋
If you get rid of the body and any witnesses fast enough, it won't be an issue.
2006-08-14 18:19:33 · answer #9 · answered by spunk113 7 · 0⤊ 0⤋
Suicide.
2006-08-14 18:28:17 · answer #10 · answered by nothing 6 · 0⤊ 0⤋