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for example: someone walks in a hallway and you jump out from the corner in front of them to give them a scare. And they died? Would you be held responsible for that person's death even though it was just a joke?

2007-05-13 11:33:45 · 12 answers · asked by Anonymous in Politics & Government Law & Ethics

I saw a chucky movie. and when a guy saw him, he died from shock.

2007-05-13 11:48:11 · update #1

12 answers

No. Criminal homicide is a specific-intent crime,

Althought, this could fit the criteria for involuntary manslaughter, as it is "the commission of a lawful act which might produce death, in an unlawful manner, or without due caution and circumspection."

If the victim is an elderly man, and you do that, it could potentially be viewed as involuntary manslaughter, but if it's a healthy 25 year old, it would be different. This is the California criminal statute:
192. Manslaughter is the unlawful killing of a human being without
malice. It is of three kinds:
(a) Voluntary--upon a sudden quarrel or heat of passion.
(b) Involuntary--in the commission of an unlawful act, not
amounting to felony; or in the commission of a lawful act which might
produce death, in an unlawful manner, or without due caution and
circumspection. This subdivision shall not apply to acts committed in
the driving of a vehicle.

2007-05-13 11:44:58 · answer #1 · answered by trueblue3167 4 · 1 0

Yes, you would. In law, there's something called the "thin skull rule". If a person has a pre-existing condition (heart, aneurysm, back injury, etc.) you are still responsible for what happens to him even though you didn't know the condition existed. If you harm someone unintentionally, it's called negligence, and you are still responsible, but not to the same degree as if you did it intentionally. However, deciding to scare a person can be considered intentional, and you must suffer the consequences of your actions. In your scenario, you could be found guilty of involuntary manslaughter.

2007-05-13 11:43:21 · answer #2 · answered by mindlinkadvantage 2 · 0 0

They would have to prove that you did scare them to death, and that would take some doing...

IF they could prove that you caused the death by scaring someone, and IF they found a jury to convict you, the worst you could get is manslaughter, and even that would be a stretch for any jury.

However, the relatives would probably sue you for wrongful death and win, as the rules regarding proof are much less in that type of trial.

2007-05-13 11:46:20 · answer #3 · answered by AniMeyhem! 4 · 0 0

Most likely yes. If your intent was to scare the person knowing the person would not have approved you doing it. A jury may not see scaring someone as a joke. The least you could get would probably be involuntary manslaughter. Don't forget your actions would be pre-meditated. Don't chance it!

2007-05-13 11:43:14 · answer #4 · answered by MrTwister 3 · 0 0

If the person had a heart condition, the other person knew, and that person intended to harm the other, then there would be a chance of a murder charge. However, it's not very posible to scare someone to death in the first place.

2007-05-13 11:43:07 · answer #5 · answered by James 7 · 0 0

I would think that person would have to assume responsibility for their actions and probably get a few years for manslaughter.

2007-05-13 11:38:18 · answer #6 · answered by Anonymous · 0 0

is this a real question? ... probably not (if you can prove death was caused by a heart attack or something),

and there is no such thing as accidental homicide. there are different degrees of both homicide and manslaughter and none are as vague as "accidental"

2007-05-13 11:40:28 · answer #7 · answered by mike 3 · 0 0

It's not impossible, but it's very unlikely. I wouldn't envy the DA trying to get a judge to sign THAT warrant.

2007-05-13 11:42:02 · answer #8 · answered by Anonymous · 0 0

i believe it's impossible to scare someone to death.. you may scare them into a heart attack which can result in death..

2007-05-13 11:38:41 · answer #9 · answered by bytchy_princess 5 · 1 0

yep

2007-05-13 11:37:13 · answer #10 · answered by Anonymous · 0 0

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