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Originally Posted by CaptainObvious
I understand your argument, I disagree that the law should hold a person liable for conduct they have no control over or isn't even foreseeable.
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But he did have control over the whole circumstance. He ultimately left the gun accessible to others. If a prison guard opened the prison doors and said
"Im off to the pub back in an hour, nobody is allowed to leave", he is responsibe for the prisoners escaping and whatever they get up to whilst they are absent from the prison. He had control over the prison door,. he can not justifiably say the prisoners left of their own freewill, he had no control over the matter.
...and you keep going on about foreseeability in relation to the crime that was committed but the only foreseeability that matter is an unsecured weapon is
unsecure.
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Originally Posted by CaptainObvious;
The difference is accidents happen, going on killing sprees aren't an every day occurrence.
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So therefore if the kid picked up the gun and accidently shot the housekeeper the father should face manslaughter by gross negligence charges, but if the kid picked up the weapon and purposefully shot the housekeeper the father should not face those charges?
One is foreseeable "accidents ha.ppen" the other is not foreseeable as it is "not an everyday occurance".
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Originally Posted by CaptainObvious;
Yes they do, that doesn't mean it's foreseeable that your seemingly mentally stable son would go on a killing spree.
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...but what was foreseeable was that his son had readily avaiable access to the weapon.
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Originally Posted by CaptainObvious;
Why should he have? What makes him think his son would do something like this? Do you think this was the first time he left his gun out? How many other times did it happen?
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Why should he have? 15 people and his son are dead, they might not be dead if he had had that thought. What makes him thinks his son would do something like that? nothing but you must be prepared for almost any scenario. Was itthe first time he left his gun out? Maybe, maybe not but neither jutifies leaving it out in the first place. how many other tiumes did it happen? Once was enough.
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Originally Posted by CaptainObvious;
I agree. That doesn't however prove the causal nexus between leaving the gun out and the killing spree.
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Originally Posted by CaptainObvious;
Negligent for leaving it out. Not negligent for someone else's conduct.
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Had he not left the gun and ammo out then the kid would of not been able to go on the spree, or he would of had to find other means to commit his crimes ...in procuring his other means then there is a likelyhood it would of been foiled or even a likelyhood that the kid may of reconsidered his plan of action as sinful.
The idea of locking your gun up is so that accidents and crimes become increasingly more difficult to happen, you remove links from the chain, you dont necessarily know whats at the other end of the chain but neither do you want to find out. You make any task of misfortune or ill intent less probable. This guy failed to do so, he left the chain of events wide open to happen. His negligence led to the conduct of somebody else more likely to happen.