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Police liable for shooting innocent victim??

If you were given a scenario which stated that a "man was hard of hearing", would you assume that he was deaf? :confused: (No offence to anyone). Also, if the police told him to stop running and he didn't and someone else was injured as a result of the policeman's shot, it would surely be transferred malice? (that was a long sentence).. :colondollar: Would the defendant still be guilty because of this other persin being shot by the police?? :confused: or would the police be liable?

Are there any recent cases on the police shooting innocent victims by mistake as a result of chasing after the actual criminals?

What about causation issues- factual or legal and intervening acts?

What about the sentence on the police, court and procedure? The other victim that was shot in the eye was blinded..

I was thinking of bringing in defences in favour for the defendant, insanity or diminished responsibility. its one or the other, but not sure which.

Sorry if this sounds confusing, but if you want me to provide more info, PM me

Any help would really be appreciated, thanks in ad :smile: xx

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Police shoot INNOCENT victim = Police are guilty

Case dismissed, life sentance.
Reply 2
Original post by TheCurlyHairedDude
Police shoot INNOCENT victim = Police are guilty

Case dismissed, life sentance.


:ditto:

You need to refer to the Police are Guilty when Anything Goes Wrong Act 2005.
Reply 3
Original post by TheCurlyHairedDude
Police shoot INNOCENT victim = Police are guilty

Case dismissed, life sentance.


Life sentence?? :eek: I might just have to post the whole question after all.. anyone want me to PM it? Please let me know :smile:
Reply 4
Original post by Aack
:ditto:

You need to refer to the Police are Guilty when Anything Goes Wrong Act 2005.


I can surely sense sarcasm here...
Reply 5
Original post by HaHaLOL
So they were trying to shoot the deaf guy, who was guilty, but ended up shooting some innocent dude?

How would this even happen? why would you even come up with this question/how bored are you?

Why am I even replying? :s-smilie:



Yeahh, but I haven't posted the whole facts for the scenario, which is maybe why your all :s-smilie:
I'm serious, not making it up, I can PM u the question if want?? :smile:
I'd rather do my coursework a little bit a day rather than rush it the night before..... Sorry
I know the question was posted a little latee, but it's not in till March, so just wanted to start it at least..
(edited 13 years ago)
Reply 6
Original post by sweetgyal24
If you were given a scenario which stated that a "man was hard of hearing", would you assume that he was deaf? :confused: (No offence to anyone). Also, if the police told him to stop running and he didn't and someone else was injured as a result of the policeman's shot, it would surely be transferred malice? (that was a long sentence).. :colondollar: Would the defendant still be guilty because of this other persin being shot by the police?? :confused: or would the police be liable?

Are there any recent cases on the police shooting innocent victims by mistake as a result of chasing after the actual criminals?

What about causation issues- factual or legal and intervening acts?

What about the sentence on the police, court and procedure? The other victim that was shot in the eye was blinded..

I was thinking of bringing in defences in favour for the defendant, insanity or diminished responsibility. its one or the other, but not sure which.

Sorry if this sounds confusing, but if you want me to provide more info, PM me

Any help would really be appreciated, thanks in ad :smile: xx


Is this in criminal law, or in tort? I know nothing of the former, but might be able to give a little guidance for tort.
Original post by sweetgyal24
I can surely sense sarcasm here...


Yeah there was :P or he's just really dumb !


Original post by sweetgyal24
Life sentence?? :eek: I might just have to post the whole question after all.. anyone want me to PM it? Please let me know :smile:


Nah I was just ****ing about, approaching the question/case how someone with no background of law would.

He shot him, so he's guilty, he goes to jail < Kinda thinking.
Reply 8
Original post by HaHaLOL
Whaaaat its an actual scenario??!! Damnn.. That's one unlucky guy.. if its for your coursework Im not the best person to ask as I have no knowledge of the law at all lool

but if you want my opinion then i think its an unfortunate mistake. the police were obviously prepared to shoot this guy because he posed a significant risk, so if they had not shot him then they would have a much worse scenario on their hands. they cant really be found guilty of anything by that can they? maybe of careless shooting? if theres such thing..


Yeah unfortunately is a real scenario.... I wish I had the time to make up stuff lol. I will keep that in mind :smile: mistake.. anyone else got other advice please??
Reply 9
Original post by jjarvis
Is this in criminal law, or in tort? I know nothing of the former, but might be able to give a little guidance for tort.


It's for criminal :smile:
Reply 10
Original post by TheCurlyHairedDude
Yeah there was :P or he's just really dumb !




Nah I was just ****ing about, approaching the question/case how someone with no background of law would.

He shot him, so he's guilty, he goes to jail < Kinda thinking.


lol. Never mind... I guess I will have to work out the answer by myself now, have nearly finished it, but was just stuck on this point, the police....
Reply 11
If the police officer accidently shot the innocent person wouldn't it be gross negligence manslaughter (assuming the person died here)?
Reply 12
Original post by nick369
If the police officer accidently shot the innocent person wouldn't it be gross negligence manslaughter (assuming the person died here)?


I didn't even consider this option! :eek:
Thank you :smile: Are you studying Law at uni ?

yes, the V/ innocent person did eventually die, can I PM you the question if that helps? :smile:
(edited 13 years ago)
Hard of hearing is not the same as being death but I'm not sure it matters

Don't overthink it. Systematically go through each and every requirement, in list format, for each crime that you think might have been committed by anybody in the scenario.
I took a class with for DOE with a police inspector who said (in NI) policemen are only allowed to use a gun if they believe that they or the people around them are in life-threatening danger. Once they discharge a weapon they are immediately suspended until an investigation is over. If they used a weapon with out due care ( shooting a criminal when it wasn't needed - regardless if he/she was innocent or guilty) he would face criminal proceedings and possibly jail.
Reply 15
Original post by jacketpotato
Hard of hearing is not the same as being death but I'm not sure it matters

Don't overthink it. Systematically go through each and every requirement, in list format, for each crime that you think might have been committed by anybody in the scenario.


deaf :tongue: I know it's a typo lol. Can I PM you the actual question please? You'll probably be able to understand my question better :smile:

Thanks for the advice though, much appreciated !! :biggrin:
Reply 16
Original post by themedicalgeek
I took a class with for DOE with a police inspector who said (in NI) policemen are only allowed to use a gun if they believe that they or the people around them are in life-threatening danger. Once they discharge a weapon they are immediately suspended until an investigation is over. If they used a weapon with out due care ( shooting a criminal when it wasn't needed - regardless if he/she was innocent or guilty) he would face criminal proceedings and possibly jail.


DOE? :confused: Thank you I will consider the investigation and all that :smile:
Reply 17
The Police officer would be liable for Gross Negligence Manslaughter and fits all the requirements. The defendant certainly isn't liable, not his fault that the police cant shoot, he'd only be liable for the original offence he commited, and was being pursued for.
Original post by JackT180
The Police officer would be liable for Gross Negligence Manslaughter and fits all the requirements. The defendant certainly isn't liable, not his fault that the police cant shoot, he'd only be liable for the original offence he commited, and was being pursued for.


The Op hasn't posted any facts that suggest negligence...
Reply 19
Original post by jacketpotato
The Op hasn't posted any facts that suggest negligence...


Well clearly if he intends to shoot the defendant, misses and kills somebody else that would amount to negligence..

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