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To: 1L
<< No laws were broken, >>
I'm not a lawyer, but actually, wouldn't this be chargeable under whatever Texas calls "reckless discharge of a firearm?" A misdemeanor, since Whittington apparently wasn't seriously injured. I know the landowner called it Whittington's fault, but I think the lawyerly phrase is "strict liability" when you fire the gun that accidentally shoots your buddy.
391 posted on 02/13/2006 12:42:11 PM PST by ER Doc
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To: ER Doc

Well, I am a Texas lawyer, but am not terribly familiar with all criminal statutes. I can't find, on a basic search, the specific crime you mentioned. I do know that anything "negligence" related in the criminal law has a very high standard which isn't even close to what happened here. Because the criminal law is based primarily on intent, you can't just be negligent, unless its clear that you are going about things very recklessly and even an idiot knows better.

Strict liability only applies in vary narrow circumstances, and we aren't even close here. Basically, you have to be mishandling dynamite or something like that (non-state specific; just something I remember from law school!). SL can also apply in things like statutory rape, but again, it has to be something where no reasonable person would have a defense.

Don't confuse civil negligence with criminal negligence. Two very different concepts.


420 posted on 02/13/2006 1:45:40 PM PST by 1L
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