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Posted by FMD on August 17, 2007 at 7:06:29 am EDT
In reply to Re: NOLS director killed by rock trundled by hiker posted by Bill S on August 16, 2007 at 5:57:14 pm EDT

Just some thoughts. I am not a attorney nor I am looking for an arguement. Just that intent does go a ways in the criminal court system. I would venture to say that if the family elected to go to civil court, that there would be some culpability.

A less scholarly but more manageable definition is one that breaks a crime down into three basic requirements:
- A physical act,
- A mental state, and,
- A consequence (social harm).
This then will be the working definition of crime that will be utilized in this discussion.
Before discussing each of these three requirements separately, note that for most crimes all three requirements must be met. If one requirement is removed or altered, this changes the nature of the crime.
- Altering the Consequences
. Mental state - A forms the intent to throw a stone and hit B.
. Physical Act - A throws the stone at B.
. Consequence - ?
At this point, it is not known what crime has been committed because the consequence of A's mental state and physical act is not known.
It has been argued that A's crime, and possible punishment, should not be determined by factors which he cannot control; the argument being that once the rock left A's hand his moral fault was determined.

Altering the Mental State
. A intended to kill B - Possible premeditated murder
. A intended to seriously harm but not kill B - Possible 2nd degree murder
. A intended to inflict a minor wound on B - Possible involuntary manslaughter
. A threw the stone in jest and did not intend to hit B - Negligent homicide; possibly no crime.
The physical act required for a crime must be a willed action as distinguished from an unconscious act, such as one performed by a sleepwalker or a person in epileptic seizure. There are also situations where a failure to act can constitute a crime (the omission of performance of a duty imposed by law, such as a mother failing to feed her children). However, for the most part, the criminal law requires an affirmative physical act which fits in one of the categories below:
- Evil thought
- Express thought
- Request
- Agreement
- Attempt
- Consummation

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• Re: NOLS director killed by rock trundled by hiker - Jim S 00:12:03 09/28/2007

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