The Gun And The Car

[HolyHandgernade]

I have a question and I will admit that I have not researched it yet, but I thought I would pose it anyway.

If a person is at fault in an auto accident and passengers die either in one's own or the other car, the driver is charged with manslaughter. Does this same rule apply to hunting accidents? If I am out with a hunting party and accidently shoot someone else I failed to see and it kills them, will I be charged with manslaughter?

-HH

[patteeu]

I have a question and I will admit that I have not researched it yet, but I thought I would pose it anyway.

If a person is at fault in an auto accident and passengers die either in one's own or the other car, the driver is charged with manslaughter. Does this same rule apply to hunting accidents? If I am out with a hunting party and accidently shoot someone else I failed to see and it kills them, will I be charged with manslaughter?

-HH

You certainly could be. It's up to the prosecutor to some extent. I don't think every fatal accident produces a manslaughter charge if the "at fault" driver survives. The more careless the driving (in the eyes of the prosecutor), the more likely the driver is to be charged. I'd guess that the same is true for the hunter.

[memyselfI]

I have a question and I will admit that I have not researched it yet, but I thought I would pose it anyway.

If a person is at fault in an auto accident and passengers die either in one's own or the other car, the driver is charged with manslaughter. Does this same rule apply to hunting accidents? If I am out with a hunting party and accidently shoot someone else I failed to see and it kills them, will I be charged with manslaughter?

-HH

Dick Cheney could probably help you out with this...

[SBK]

Dick Cheney could probably help you out with this...

Ted Kennedy knows a thing or two about killing someone in a car, so seek his help as well. ROFL

[Brock]

Dick Cheney could probably help you out with this...

Who did Dick Cheney kill? I mean besides 2000 US troops.... :rolleyes:

[SBK]

Who did Dick Cheney kill? I mean besides 2000 US troops.... :rolleyes:

We'll have to start calling him Rambo huh? 2000 kills by one man from halfway around the planet is quite a feat of skill.

[Adept Havelock]

We'll have to start calling him Rambo huh? 2000 kills by one man from halfway around the planet is quite a feat of skill.

Not really. Old Joseph Dzhugashvili managed to kill 20 million or so with the stroke of a pen.

[banyon]

Holy,

pretty much it doesn't matter whether people die in your car or you're blowing them away Dick Cheney-style. It's all a matter of circumstances and degree of incompetence/malevolence.


In Kansas there are 5 standards that could come up, from the least to the most serious.

1) negligent homicide- Someone did not excercise the care of a reasonably prudent person and had a duty towards that person. Typically jail sentence would be suspended.(e.g, you pulled out into traffic but failed to see an oncoming vehicle by inattention)

2)(in KS) Vehicular Homicide- Killing of a human being by the operation of a motor vehicle in a manner that creates an unreasonable risk of injury and deviates materially from the standard of care a reasonable person would normally observe. (e.g., drunk driving fatality).

[obviously you cannot do this while hunting, unless you are trying to kill deer with your car]

3) Reckless Involuntary Manslaughter- Defendant grossly departs from the standard of care expected of a reasonable person. (E.g, driving while trying to watch DVD player and field a cell call)

4) Depraved Heart Murder- Defendant lacks an intent to kill, but was subjectively aware of and indifferent to a high and unjustifiable risk. (e.g., driving while blindfolded, playing russian roulette)

5)Intent-to Kill murder- You kill someone and mean to do it in a planned way. 1st degree. (e.g., you want to kill x person and you do it with your car)


So, except for category #2, there would be ways to do nearly all of the other degrees of homicide with hunting also.

[trndobrd]

I have a question and I will admit that I have not researched it yet, but I thought I would pose it anyway.

If a person is at fault in an auto accident and passengers die either in one's own or the other car, the driver is charged with manslaughter. Does this same rule apply to hunting accidents? If I am out with a hunting party and accidently shoot someone else I failed to see and it kills them, will I be charged with manslaughter?

-HH


Your initial supposition is incorrect. If you are at fault in an auto accident resulting in a death, you are not automatically charged with manslaughter. Vehicular homocide would require more than just "inattention", not seeing another vehicle, swerving to avoid a pothole, etc. It would require a "material" departure from the normal standard of care owed to other drivers, normally connected to another violation, i.e. unreasonably excessive speed, watching a DVD while driving, etc. The term "negligence" is specifically not used to describe vehicular homocide.

DUI is specifically cited as a basis for involuntary manslaughter (KSA 8-1567). A fatal accident caused by an attempt to flee and elude would be 2nd degree murder.

KSA 21-3405
Chapter 21.--CRIMES AND PUNISHMENTS
PART II.--PROHIBITED CONDUCT
Article 34.--CRIMES AGAINST PERSONS

21-3405. Vehicular homicide. Vehicular homicide is the unintentional killing of a human being committed by the operation of an automobile, airplane, motor boat or other motor vehicle in a manner which creates an unreasonable risk of injury to the person or property of another and which constitutes a material deviation from the standard of care which a reasonable person would observe under the same circumstances.

Vehicular homicide is a class A person misdemeanor.


KSA 21-3404
Chapter 21.--CRIMES AND PUNISHMENTS
PART II.--PROHIBITED CONDUCT
Article 34.--CRIMES AGAINST PERSONS

21-3404. Involuntary manslaughter. Involuntary manslaughter is the unintentional killing of a human being committed:

(a) Recklessly;

(b) in the commission of, or attempt to commit, or flight from any felony, other than an inherently dangerous felony as defined in K.S.A. 21-3436 and amendments thereto, that is enacted for the protection of human life or safety or a misdemeanor that is enacted for the protection of human life or safety, including acts described in K.S.A. 8-1566 and subsection (a) of 8-1568, and amendments thereto, but excluding the acts described in K.S.A. 8-1567 and amendments thereto; or

(c) during the commission of a lawful act in an unlawful manner.

Involuntary manslaughter is a severity level 5, person felony.

KSA 21-3402
Chapter 21.--CRIMES AND PUNISHMENTS
PART II.--PROHIBITED CONDUCT
Article 34.--CRIMES AGAINST PERSONS

21-3402. Murder in the second degree. Murder in the second degree is the killing of a human being committed:

(a) Intentionally; or

(b) unintentionally but recklessly under circumstances manifesting extreme indifference to the value of human life.

Murder in the second degree as described in subsection (a) is a severity level 1, person felony. Murder in the second degree as described in subsection (b) is a severity level 2, person felony.

KSA 21-3401
Chapter 21.--CRIMES AND PUNISHMENTS
PART II.--PROHIBITED CONDUCT
Article 34.--CRIMES AGAINST PERSONS

21-3401. Murder in the first degree. Murder in the first degree is the killing of a human being committed:

(a) Intentionally and with premeditation; or

(b) in the commission of, attempt to commit, or flight from an inherently dangerous felony as defined in K.S.A. 21-3436 and amendments thereto.

Murder in the first degree is an off-grid person felony.

KSA 21-3201
Chapter 21.--CRIMES AND PUNISHMENTS
PART I.--GENERAL PROVISIONS
Article 32.--PRINCIPLES OF CRIMINAL LIABILITY

(c) Reckless conduct is conduct done under circumstances that show a realization of the imminence of danger to the person of another and a conscious and unjustifiable disregard of that danger. The terms "gross negligence," "culpable negligence," "wanton negligence" and "wantonness" are included within the term "recklessness" as used in this code.

[BIG_DADDY]

This forum get more pathetic by the day. What a moronic ****ing post. It's a shame he didn't hit HG we could have given him a friggen medal. The only thing more pathetic than HG on this subject is the Communist News Networks anchor that broke the story when I firs saw it. She was giggling the whole time she is telling the story. Real ****ing funny guy accidentally shoots his friend. :shake:

[HolyHandgernade]

This forum get more pathetic by the day. What a moronic ****ing post. It's a shame he didn't hit HG we could have given him a friggen medal. The only thing more pathetic than HG on this subject is the Communist News Networks anchor that broke the story when I firs saw it. She was giggling the whole time she is telling the story. Real ****ing funny guy accidentally shoots his friend. :shake:

I have no idea what you are talking about. I had friends who were recently married and while the wife was driving late at night, went to pass a car on a divided highway failing to notice an oncoming car in the other lane. She swerved to the opposite shoulder to miss the car but was clipped on the driver's side and her husband in the passenger seat died. She was charged and convicted of manslaughter (not sure if they made a determination between involuntary and voluntary) and given probation. She is on a work visa (her husband was US Citzen) and the court told her if she applied for and was granted her citizenship they would suspend the sentence. This occurred over the Thanksgiving weekend.

Yesterday my wife was reading an article where a woman was walking through the woods on a path and was accidentally shot and killed by a hunter. The hunter wasn't charged with anything. So I was genuinely curious whether there were exceptions for hunting accidents as opposed to vehicle accidents. If you feel the board and its posters are so pathetic maybe you should find something else to occupy your time, maybe it will improve your mood.

-HH

[Radar Chief]

I have no idea what you are talking about. I had friends who were recently married and while the wife was driving late at night, went to pass a car on a divided highway failing to notice an oncoming car in the other lane. She swerved to the opposite shoulder to miss the car but was clipped on the driver's side and her husband in the passenger seat died. She was charged and convicted of manslaughter (not sure if they made a determination between involuntary and voluntary) and given probation. She is on a work visa (her husband was US Citzen) and the court told her if she applied for and was granted her citizenship they would suspend the sentence. This occurred over the Thanksgiving weekend.

-HH

That’s terrible HH. Sorry to hear (read) it.