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Old May 24th 05, 03:06 PM
Matt Barrow
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"Gary Drescher" wrote in message
...
"Greg Farris" wrote in message
If the police shoot at a fleeing bank robber,
and miss, do we charge the robber for attempted murder, because he could
have been killed?


The issue here is reckless endangerment, not attempted murder.

If the police lawfully shoot at a robber and accidentally kill a

bystander,
the robber is certainly legally responsible for that death. The

*foreseeable
possibility* of that consequence is one of the things the robber is
responsible for. There may or may not be a separate statute under which

the
robber can be charged merely for posing that danger to himself or others
(even if the danger is not realized); but there *is* such a regulation

with
regard to posing an analogous danger while flying.


There are such laws. What's more, if during said robbery and accomplice gets
killed (by police or other person who intervenes) the charge of murder can
(and often is) added, just as if the bad guy had pulled the trigger himself.
Seen that one on COPS.