Just Curious...(any lawyers out there?)

Just Curious...(any lawyers out there?)

This is a discussion on Just Curious...(any lawyers out there?) within the Off Topic & Humor Discussion forums, part of the The Back Porch category; After watching a TV show last night,I was curious about what you would be charged with(if anything) if you were to play a practical joke ...

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    Senior Member Array Macantic's Avatar
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    Just Curious...(any lawyers out there?)

    After watching a TV show last night,I was curious about what you would be charged with(if anything) if you were to play a practical joke on someone, say by putting on a real scary costume mask and hide in closet and jump out on somebody and they had a heart attack and died.
    Last edited by Macantic; June 4th, 2017 at 10:41 AM.
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    Senior Member Array Col.TED's Avatar
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    not a lawyer but got same thinking as well.....hate those pranks esp. shooter/bomb/terrorist pranks, what if somebody shoots them?

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    Quote Originally Posted by Col.TED View Post
    not a lawyer but got same thinking as well.....hate those pranks esp. shooter/bomb/terrorist pranks, what if somebody shoots them?
    Shooting one would likely be more defensible than being one when pranks go lethally wrong...
    "Stop being dangerous, and you become edible." William Aprill

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    VIP Member Array HotBrass45's Avatar
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    Quote Originally Posted by Macantic View Post
    After watching a TV show last night,I was curious about what you would be charged with(if anything) if you were to play a practical joke on someone, say by putting on a real scary costume mask and hide in closet and jump out on somebody and they had a heart attack and died.
    I'm guessing you must have a very wealthy MIL.

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    VIP Member Array ghost tracker's Avatar
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    Yes, there ARE lawyers out here. They're EVERYWHERE! I've been watching for signs indicating "Attorney Free Zones". No luck...yet.
    There are only TWO kinds of people in this world; those who describe the world as filled with two kinds of people...and those who don't.

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    VIP Member Array OldChap's Avatar
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    Quote Originally Posted by Macantic View Post
    After watching a TV show last night,I was curious about what you would be charged with(if anything) if you were to play a practical joke on someone, say by putting on a real scary costume mask and hide in closet and jump out on somebody and they had a heart attack and died.
    Not a lawyer, but I know a little about the "reasonable person" clause in the laws of most states. I think a "reasonable person" on a grand jury might surmise that the idiot wearing such a mask had a direct part in a death. That legal body would probably return a true bill and the said idiot would be charged with negligent something.

    This reasonable person has found that 99.9% of the garbage on TV, or in the movies, bears absolutely zero resemblance to reality.

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    VIP Member Array Libertywheel's Avatar
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    Lawyers...we don't need no stinking lawyers...

    I think you would be in a heap of trouble if a prank you committed took an unplanned turn towards lethal. I personally have never been a fan of pranks even back in my college days.
    Doing my best to stay left of boom.

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    Ex Member Array AzQkr's Avatar
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    Play stupid games, might win a stupid prize unexpectedly.

    I believe the grand jury might agree or disagree with culpability based on variables like age, known medical conditions, the joker was aware of. Would a reasonable person believe the joker should have taken factors of age/conditions into account before deciding to pull the prank.

    Some healthy virile male in his late 20's that drops dead from being startled to heart attack wouldn't be considered a reasonable expectation, where a 70 year old there may well be a reasonable expectation they could suffer a medical condition by startling them.

    It depends on variable and the reasonable expectation one might have considered before pulling the prank.

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    Ex Member Array Dave909's Avatar
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    It also depends on the prosecutor. You get a hard ass on the other side of the isle and you might have some trouble coming your way. I'd think a reasonable person would think "Gee, he/she is nearing 80, this might not be a great idea". Of course if it's a war vet or just one tough mama/papa you might be the one with heart trouble when a .45 embeds itself in there. Never do this to R Lee Ermey.

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    VIP Member Array OldVet's Avatar
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    I'm thinking involuntary manslaughter.
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    Senior Member Array Chicagobill's Avatar
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    Quote Originally Posted by ghost tracker View Post
    Yes, there ARE lawyers out here. They're EVERYWHERE! I've been watching for signs indicating "Attorney Free Zones". No luck...yet.
    I haven't been able to get a permit yet either.

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    VIP Member Array Havok's Avatar
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    I identify as a lawyer, but for some reason the state BAR of Texas won't give me a license.
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    VIP Member Array sammeow's Avatar
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    Can you say "Negligent homicide or Manslaughter"?
    That would probably be one of the initial charges.
    Your mileage may vary depending on your state.
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    Member Array Jimc12's Avatar
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    I never did personal injury but recall one of the cases in Torts I similar to what you suggest. If you do something you take the other person as they are presented - so if they have a medical issue (eggshell skull was the case) and your action results in death, yes you will be held liable for the damages as the proximate cause of the injury. The civil claim is a negligence claim.

    From what I recall in Criminal Procedure you would like get charged with something like negligent homicide as well. Probably not a murder charge, but that also depends upon the jurisdiction and the definition in their code.

    And I've always found it interesting that those who hate lawyers are often the ones who tell someone they should sue. And a lawyer wouldn't have a lawsuit to file if someone didn't think that they had a chance to collect damages first.
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    Ex Member Array AzQkr's Avatar
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    Quote Originally Posted by Jimc12 View Post
    I never did personal injury but recall one of the cases in Torts I similar to what you suggest. If you do something you take the other person as they are presented - so if they have a medical issue (eggshell skull was the case) and your action results in death, yes you will be held liable for the damages as the proximate cause of the injury. The civil claim is a negligence claim.

    From what I recall in Criminal Procedure you would like get charged with something like negligent homicide as well. Probably not a murder charge, but that also depends upon the jurisdiction and the definition in their code.

    And I've always found it interesting that those who hate lawyers are often the ones who tell someone they should sue. And a lawyer wouldn't have a lawsuit to file if someone didn't think that they had a chance to collect damages first.
    Please, I worked both criminal and civil investigations for attys for 28 years. They'll sling mud against the wall and see what, if anything, sticks at the drop of a hat.
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