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Old May 2, 2008, 03:37 PM   #31
TargetTerror
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Join Date: October 28, 2006
Posts: 424
MLeake, I was analyzing things strictly from the perspective of torts/civil liability, as that is what chicagotex was originally asking about. You can be held liable for the tort of Assault and the tort of Battery, irrespective of any criminal liability for those acts.

One key thing that many people don't realize is that a self defense argument is an excuse or justification argument. You are admitting to everything that the prosecution/plaintiff is alleging, but saying you should not be held liable/convicted because of excuse X. So in the example I gave in post 29, there was intent to commit the torts of Battery and Assault against BG, regardless of whether the goodguy (Party A) has a valid self defense claim. This intent can then be transferred to bystander C.

In many ways though, none of the above matters, because that is just for intentional torts. Bystander C will have a valid claim for negligence against shooter A. Anyone, shooter A included, has a duty to everyone to handle and shoot a firearm such that people are not accidentally shot. This duty was breached when A negligently shot C, and C suffered damages as a result.

I don't envision this basic scheme changing significantly anytime soon to remove the burden of liability from shooter A. At best, a state may pass a law forcing a BG to indemnify any acts that arise from a valid self defense action against them. But, shooter A would still be liable to bystander C, all that changes is shooter A could then sue BG to recover what A owes C. And good luck getting a dime out of your typical bg...

Criminal Law was last semester, so obviously I've drained the bathtub on all of that knowledge by now But, IIRC, transferred intent and defenses should work in a similar fashion to what I've described for torts.
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