The Sword or the Scapel?

jillsy · #1 06-07-2006, 09:43 AM

Louis stabbed the victim. The victim died of pneumonia because of negligent medical treatment of the stab wound. Louis was charged with murder. Is Louis guilty of murder?

What's the verdict? Sharpen your wits by deciding who goes to jail and who beats the rap!

This is a real life court case taken from a book where you're the judge and jury in 90 tricky courtroom puzzles. There are no trick questions, or rabbits pulled out of hats. All the facts you need are given and you can safely assume the truth of the facts unless you're asked to do otherwise in the question itself.

You dont need to be a lawyer to get the "right" answers. Care, common sense, and imagination should lead to the correct solution, regardless of previous education or training.

The law is fascinating, particularly when stripped down to the essential issues of right and wrong, common sense and nonsense. These cases are to stimulate, provoke and amuse you.

Share your opinions! Give reasons to support your theories. This is your time to say what YOU think should happen! After a few days, I'll tell you what the actual verdict was from the jury and then the final judgment during the appeals process. If you enjoy it, I'll challenge you with more.

The cases are primarily from the US. A few are from the United Kingdom and Canada. The cases are consistent with the general current law in the US and in common law countries.

Kenny_S · #2 06-07-2006, 10:00 AM

At least Louis wasn't a carver.

Wouldn't want him to give carvers a bad name for using The wrong tools.

arbarnhart · #3 06-07-2006, 10:24 AM

I would say Louis is guilty. If he shot the victim in the head and the victim was rushed to the hospital for emergency surgery with only a 10% chance of survival and died, there would be no question that it was murder. Just because this victim had a better percentage chance of sucessful treatment is irrelevant.

Dylan · #4 06-07-2006, 10:37 AM

"The victim died of pneumonia because of negligent medical treatment of the stab wound." This says a lot to me. Because I don't know if Louis used a sword or a small pocket knife.

So not guilty.

Dylan

Lynn O. Doughty · #5 06-07-2006, 10:37 AM

That will teach that victim to stand so close to Louis who is still trying to figure out if he is a beginning carver or not!! Hopefully, Louis was wearing his carving glove and thumb protector so he wouldn't leave any prints behind!!

As for the hospital....They should have known to check for wood chips in open wounds in any case related to woodcarving. By stitching that guy up with toxic Basswood splinters still inside is a one-way ticket to the malpractice court.

I guess the lesson to be learned from this sad case is that not only do we have to worry about getting stabbed by the fella setting next to us at the next carving seminar we now have to get a pneumonia vaccination if we want to continue in this hobby!

Hopefully, Louis belongs to a carving club far removed from Oklahoma!

Hi_Ho_Sliver · #6 06-07-2006, 11:39 AM

Louis is guilty, the pneumonia is because the victims system was weakened due to the stab wound...the hospital is also guilty of neglect and failure to maintain care over a person in their care. imho

whitecree · #7 06-07-2006, 12:03 PM

American and Canadian laws are pretty much the same and loosely based on British law. In general, the law states that if you do something to somebody, and that somebody suffers further harm as a result of your original action, then you are guilty of causing that further harm.

Louis stabbed somebody standing too close at the carving demonstration. The onlooker is taken to the hospital to be patched up, then cathes pneumonia while there, and dies from compications arising from the pneumonia that he caufght while attemptin to recover from a stab wound.

Guilty as charged. I hope Louis doesn't live in Texas.

jillsy · #8 06-07-2006, 01:05 PM

HAHA! You all are too funny! I should have picked a different one to start - like the guy who died in a capsized canoe! (course, maybe if he was watching what he was doing instead of carving, he would have never overturned his boat!)

Lynn O. Doughty · #9 06-07-2006, 01:18 PM

Maybe if he hadn't reduced his oar to a bottle-stopper he could have paddled out of there!!

AlArchie · #10 06-07-2006, 01:40 PM

Here's one that gets thrown out at just about every beginning law enforcement session;

A guy jumps out of a high rise apartment window with the intent of committing suicide. A guy with a wierd sense of the bizzare, seing the guy falling, pulls out his handy dandy .44 magnum and does some target practice at the falling guy, striking him twice in the head and killing him.

Is he guilty of homicide? Or maybe reckless use of a firearm? Assault without intention of doing great bodily harm? Or just plain remarkable marksmanship?

I really don't think this ever actually happened but it is an excercise in logic for both defense and prosecutors.

Under Michigan law, Louis would be charged, but Johnnie Cochrane probably would have gotten him off. Guilt is a matter for the jury to decide, and it's hard to tell what they will do.

And what about the knife manufacturer? Did they properly warn the public of the dangers involved in using the knife? Where does their liability lie?

aaaarrrrgggghhhhhh..............

Al