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Re: the law firm of Moreira & bingobong

Posted by AlM on Fri Jul 5 12:37:02 2013, in response to Re: the law firm of Moreira & bingobong, posted by daNd124 on Thu Jul 4 19:34:54 2013.

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The relationship is that you keep insisting that for there to be homicide there must have been an illegal act prior to the killing.

And I say that's not true. You can be acting carelessly or recklessly but not in any illegal way until the moment you kill someone, and then you've commited a crime because your prior actions were careless or reckless but not illegal.

Another example, this one from real life. A nearly blind friend of mine was crossing with a walk sign. A driver of an SUV was making a turn and hit him. Until the fraction of a second before the collision, he did nothing wrong. It was only the failure to yield to a pedestrian when making a turn that was illegal, and it happened less than a second before the death. I think that was criminally negligent homicide, though the police did not arrest the driver.



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