Odd case
Husband and wife have an argument. Husbands says he wanted to die. Wife asks if he wants his gun. He says yes. She brings it to him and he kills himself.
Remember, I do this to entertain me, not you.
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September 16th, 2010 at 8:54 am
Accessory to homicide perhaps, but I’m going with rookie D.A. who is a bit over excited to get his first case
September 16th, 2010 at 10:07 am
It depends on how the law is written.
Traditionally, mere negligence* (giving the gun) is negated by the other party’s willful, intervening act (pulling the trigger. But if Florida has chosen to define this conduct as criminal recklessness and that’s how the jury is instructed ….
*I, personally, would define it as merely negligent.
September 16th, 2010 at 10:08 am
I’ve got one kind of like that. Girlfriend says she would shoot boyfriend if she had a gun. He hands her one, she shoots and kills him.
http://www.eyesneverclosed.com/2010/09/15/if_i_had_a_gun/
September 16th, 2010 at 10:49 am
Well, that’s murder, because the shooter’s intentional act nullified the giver’s idiocy.
September 16th, 2010 at 11:14 am
Most states have statutes against Assisting a Suicide.
Does anyone have Florida’s Manslaughter statute available?
September 16th, 2010 at 11:20 am
The suicide angle is problematic – but she gave a loaded gun to a drunk. That should be a crime in and of itself.
September 16th, 2010 at 1:11 pm
This could be an ugly road. There’s an ugly case here in Mass of a Girl who was bullied in school and killed herself. The courts are trying to charge the bullies.
http://www.associatedcontent.com/article/2839532/phoebe_prince_15_driven_to_suicide.html
Its a really nasty case given that kids are monsters anyway, and it appears this girl was being treated for some mental illness that further muddies the waters.
I think the LAST thing we need as a country is when somebody takes their own life to start looking for somebody to blame….
September 16th, 2010 at 6:07 pm
782.07(1)The killing of a human being by the act, procurement, or culpable negligence of another, without lawful justification according to the provisions of chapter 776 and in cases in which such killing shall not be excusable homicide or murder, according to the provisions of this chapter, is manslaughter, a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
September 17th, 2010 at 3:17 am
As the saying goes, “Hard cases make bad law.”
September 17th, 2010 at 3:27 am
I mind a husband and wife I used to know, slightly. They kept a revolver in the house, for the usual reasons. They got into some disputin’, and she said, “If you do that again, I’ll shoot you!” Well, he did it again, and she shot him. Right in the tummy. She felt very badly about it afterwards, not having previously understood the ickiness of shooting and getting shot. She was charged with attempted murder at first (her statement from jail: “I look horrible in orange!”) but later she pled to a lesser something-or-other and is back at home with him tending his colostomy bag.
I don’t think the guy did anything worth getting shot dead for, or nearly. A deadly weapon is a deadly weapon, dammit!