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Name: |
GoneFishin
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Subject: |
Recent Boating Accident Article
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Date:
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9/18/2010 6:34:50 PM
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http://www.lakenews.com/News.asp?ID=3494EF0D-3C64-4EEF-9F00-FA875488BC25&SiteID=AL001
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Name: |
UncleSam
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Subject: |
Recent Boating Accident Article
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Date:
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9/20/2010 1:49:28 PM
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Looks like using the Chappaquiddick gameplan wasn't the right move after all. Tragic situation made even more tragic because someone started thinking about saving his own neck instead of trying to save someone else.
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Name: |
Kizma Anuice
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Subject: |
What ever happened to
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Date:
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9/20/2010 3:23:17 PM
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the presumption of innocence?
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Name: |
Kizma Anuice
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Subject: |
Could be a very interesting case.
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Date:
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9/20/2010 3:52:56 PM
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Name: |
Kizma Anuice
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Subject: |
Could be a very interesting case.
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Date:
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9/20/2010 3:57:55 PM
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Proximate
Cause (Actually, Culpability); Model Penal Code
1. Can they prove intoxication. - probably not 2. Is the charging statute an offshoot of the fellony-murder or mis-man laws? 3. Will Model Penal Code type provisions be applied? 4. Is there any case law? I don't know
Unlike the common law, the "but-for"
test is the exclusive meaning of "causation" under the Model Penal
Code. The Code treats matters of "proximate causation" as
issues
relating instead to the defendant’s culpability. That is, in order to find the defendant is
culpable, the social harm actually inflicted must not be "too remote
or accidental in its occurrence from that which was designed, contemplated
or risked. [MPC §2.03(2)(b), (3)(c)] In
such circumstances, the issue in a Model Code jurisdiction is not whether,
in light of the divergences, the defendant was a "proximate cause"
of the resulting harm, but rather whether it may still be said that he caused
the prohibited result with the level of culpability—purpose, knowledge, recklessness,
or negligence—required by the definition of the offense.
In the rare circumstance of an
offense containing no culpability requirement, the Code provides that causation
"is not established unless the actual result is a probable consequence
of the defendant’s conduct." [MPC § 2.03(4)] This would mean that in a jurisdiction that
recognizes the felony-murder rule, but which applies Model Penal Code causation
principles, a defendant may not
be convicted of felony-murder if the death was not a probable consequence
of his felonious conduct.
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Name: |
alahusker
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Subject: |
Could be a very interesting case.
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Date:
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9/20/2010 7:50:13 PM
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That's what I was thinking..
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Name: |
jethro
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Subject: |
Could be a very interesting case.
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Date:
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9/20/2010 9:10:30 PM
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Does anyone know the time line
Did he run over her and keep going
Did he run over her turn back look for a while and then leave
Did he find her and stay around till shorty before marine police get there
I have read all the news I could find but never heard the full story
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Name: |
UncleSam
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Subject: |
It still applies...
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Date:
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9/21/2010 2:16:31 AM
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in a court of law. And this internet forum is not a court of law, no matter how many fancy legal documents you Google and post.
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Name: |
BamaDave
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Subject: |
Captain of boat is RESPONSIBLE for every passenger
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Date:
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9/21/2010 8:50:59 AM
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KIsma, I don't care what law you quote. The captain of the boat is responsible for every soul on board for their safty. If he knows that someone fell over, left the scene, and did not offer any assistance or render aid, he is a POS as a human being, and hope he is sentenced to the fullest extinct of the law, no matter what the excuse is. One of the biggest problems this world is facing is people not taking responsibility of their actions.
Sometimes I wish we were still in the wild west where things like this were settled in the street, and it was over in seconds instead of years.
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Name: |
Kizma Anuice
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Subject: |
RESPONSIBLE to whom for what
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Date:
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9/22/2010 10:33:02 AM
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by what law?
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Name: |
250 SEL
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Subject: |
RESPONSIBLE to whom for what
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Date:
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9/23/2010 7:18:45 AM
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GOD'S
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Name: |
250 SEL
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Subject: |
Captain of boat is RESPONSIBLE for every passenger
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Date:
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9/23/2010 7:22:33 AM
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So True
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Name: |
wildchild
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Subject: |
RESPONSIBLE to whom for what
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Date:
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9/23/2010 9:58:21 PM
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Are you a god or do you think you are?
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Name: |
250 SEL
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Subject: |
RESPONSIBLE to whom for what
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Date:
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9/27/2010 2:58:26 PM
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We will all be judged by him someday...
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