Since we have at least one, and possibly several lawyers on this list,
I've always been curious about the difference between accidentally (and
I'm using that in the common parlance, meaning without intent) killing
someone with a gun and with a car.
If someone was not paying attention to what he/she was doing, and shot
and killed another person with a gun, I have to believe that that person
would face some sort of criminal charges. The teens that were playing
with a gun, and killed a friend, were charged and convicted of
something, I believe. (Sorry, I'm too lazy to look up the news stories.)
Everyone assumes that if you are handling a loaded gun, you should be
smart and careful enough to know to that this is a dangerous situation.
If you injure or kill someone, it is assumed that you did something
wrong. Everyone knows that a loaded gun, or any gun, whether you are
aware that it is loaded or not, needs to be handled with extreme
caution. If you do not exhibit enough caution, there seems a presumption
that a serious error has been made.
Why do people not take the same view when driving? A motor vehicle is a
seriously dangerous machine. This is why we require a license to operate
one. Yet people who do not use due caution and carelessly operate this
machine are routinely let go with no consequences.
If you kill someone, and have made an error of some kind, such as not
paying attention, why is it serious if you shot that person, but not
serious if you hit them with a car?
Is this a true legal difference? Or is it simply indicative of our
collective attitudes towards guns vs. cars?
Robbie
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