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To: supercat
It would be an interesting case, and I couldn't predict it's outcome. But from a purely legal analysis, unless Smith tricked the judge or bought his decision, it was the independent act of the judge, I think.

In my hypothetical above where I shoved a guy off a skyscraper, even my encouragment to the rifle-owing resident to shoot all jumpers probably gets me off the hook if he's a good shot.

20 posted on 03/28/2005 4:09:22 PM PST by Dog Gone
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To: Dog Gone
In my hypothetical above where I shoved a guy off a skyscraper, even my encouragment to the rifle-owing resident to shoot all jumpers probably gets me off the hook if he's a good shot.

I don't think so. Since the shooter would be violating the law, your action in encouraging his violation when you had reason to believe it would cause someone's unlawful death would seem to fall under the felony murder rule.

22 posted on 03/28/2005 4:13:48 PM PST by supercat ("Though her life has been sold for corrupt men's gold, she refuses to give up the ghost.")
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To: Dog Gone
It would be an interesting case, and I couldn't predict it's outcome. But from a purely legal analysis, unless Smith tricked the judge or bought his decision, it was the independent act of the judge, I think.

What if, hypothetically, it were proven that Mr. Smith knew Ms. Smith wasn't really PVS but sandbagged her diagnosis? Would that qualify as 'tricking the judge'?

23 posted on 03/28/2005 4:15:29 PM PST by supercat ("Though her life has been sold for corrupt men's gold, she refuses to give up the ghost.")
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