Let's say that one person accidentally stumbles upon one of those insane "zombie walks". You know -- where people put on studio-grade makeup so that they really look like zombies in every way. And even smell like them. And let's say that this person shoots a person thus disguised and kills him. Is the fact that the person thought that the moron dressed up as a zombie really was a zombie a defense against murder charges?
A prompt answer would be very, very appreciated.
Saturday, December 06, 2008
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8 comments:
I'm not a lawyer, but I have stayed at a Holiday Inn Express. I would say, hypothetically, that this person's goose is cooked.
It depends. The laws are different in every state.
Okay, well let's say that hypothetically this case took place in Florida.
In Florida, I think you are — I mean, this hypothetical person would be safe. In New England, it's another story. Zombies have all kinds of rights up there. I heard Massachusetts is even considering granting them marriage licenses.
I don't know... the prosecution would probably want zombies or near-zombies [near-zombies are those who really, really, really look like zombies, but are actually not zombies] to be members of the jury... so you - or the hypothetical person - might have a difficult time of it at trial.
In Texas, it depends. Were you on your property and was there an imminent threat to your life? Regardless of whether it was a real zombie, or someone dressed in a fairly convincing outfit, you can invoke the Castle Doctrine and go about your daily business. You are free and clear.
PAX
JD
A secondary question:
If this defense works is it not an admission of being to dim to be allowed out in public unaccompanied and therefore need to be locked up for your own protection??
Gord, I would indeed agree that anyone who ventures outside in zombie make-up and pretends to be one should just be locked up for their own protection. It's inducing public panic and just asking to be shot.
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