The Racist attacks on Martin in full view. Masks come off, hoods come on

Started 9 months ago | Discussions thread
Sante Patate
Senior MemberPosts: 2,990
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You can't contribute to your own death, legally speaking
In reply to 57even, 9 months ago

57even wrote:

If I step into the road and am killed by a speeding driver, who is at fault?

Quite clearly I contributed, but so did the driver.

Well, actually, no. As far as criminal law goes, the speeding driver alone is responsible. The reason is simple: it is not against the law to step into the road, and it is against the law to speed.

The underlying rule is that a person who acts wrongly has to take any victim as they find them, with all their foibles, weaknesses and peculiarities. This is sometimes called the "eggshell skull rule": if you hit someone on the head, and, unknown to you, they have an eggshell skull and as a result die, when if they had been normal they would not have died, that is still murder. In your example of the speeding driver and the pedestrian, the driver has to accept the pedestrian's carelessness just like they would have to accept their being blind or a small child. Or, if you threaten someone, and they have a heart condition you don't know about and as a result they die, or if you threaten them and they have a tendency to fly off the handle and they do and you shoot them, that is still culpable homicide.

(It is a bit different where compensation for negligence is concerned, but that is a long story).

It was illegal for gay men to have sex once, now it is not. That that mean gay men who HAD sex before the law was changed are still guilty of a crime?

Well, actually, yes, it does. USC 1:109: "The repeal of any statute shall not have the effect to release or extinguish any penalty, forfeiture, or liability incurred under such statute, unless the repealing Act shall so expressly provide, and such statute shall be treated as still remaining in force for the purpose of sustaining any proper action or prosecution for the enforcement of such penalty, forfeiture, or liability."

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