|
This is a purely educational website. Nothing here is legal advice or creates or implies an attorney-client relationship. If you have a specific legal issue, PLEASE talk to a lawyer who practices where you live—laws vary from place to place, and how they're applied varies from courthouse to courthouse. Your local county bar association can probably refer someone who handles matters like yours.
By using this site, you agree that you are awesome. Use of this site also constitutes acceptance of its Terms of Service and Privacy Policies, which are known to medical science as a cure for insomnia.
It's best to keep all discussions in the comments. But if you really need to reach Nathan privately, go ahead and email him at n.e.burney@gmail.com. He won't mind.
THE ILLUSTRATED GUIDE TO LAW and the PEEKING JUSTICE logo are pretty damn cool trademarks and should probably be registered one of these days.
© Nathaniel Burney. All rights reserved, though they really open up once you get to know them.
|
|
Yes, but you also know that when you are turning at a stoplight it is POSSIBLE for the steering controls in the car to malfunction causing the car to continue straight onto the sidewalk killing pedestrians. However, knowing that it was POSSIBLE for the car to malfunction and kill innocent people, you continued to make the turn.
Does that make it your fault when it happens?
Perhaps a better phrasing would be “there’s a good chance it would happen” rather than merely “conceivable.” Check back to the mens rea section for more on what counts as recklessness.
So, if Chuck is able to demonstrate sufficient skill that one could reasonably expect the bomb to go off at 3 am and that he had observed the area at 3 am long enough to reasonably conclude that nobody would be there, is he no longer reckless?
If you can convince a jury of that, sure.
Hahah, so no.
Now theoretically, if one demonstrated great care in avoiding civillian casualties, such as checking when the cleaning crew finishes and observing traffic patterns, you might be able to argue that it really was an accident. Still, the felony murder rule would probably kick in.