Tuesday, June 27, 2006

Hypo:

NASA has recently made an important announcement regarding their latest spacecraft, the Columvery, meant to put a man on the surface of Mars. The building of the Columvery was contracted out to several subcontractors, including Apex Electronics, responsible for the circuit boards that control the "escape velocity" boosters. Victor is an astronaut in the employ of NASA and has been chosen to pilot the Columvery. On the launch date, Victor boards the craft, which sports a new "saucer" shape to reduce lift-off wind resistance, and takes off for Mars. Ten miles above the surface of the Earth, however, the circuit board controlling the boosters burnt out, causing the craft to plummet to the Earth.
Zeek is a dirt farmer who lives in the remote town of Isolatia. Zeek does not own a television and has little contact with others except in the fall when he sells his dirt in town. In fact, the only entertainment Zeek gets comes from science fiction books, generally about invasions from other worlds, in which Zeek has a real and honest belief in the possibility of alien invasion.
Victor is able to gain some control of the Columvery but can only manage a rough landing on the property of Zeek, on top of the truck owned by Zeek.
Badly frightened by the noise, Zeek emerges from his home, cheesy "Invasion!" paperback in one hand and shotgun in the other, just in time to see Victor step from the saucer ship onto the wreckage of Zeek's truck. Always a joker, Victor, helmet still on his head and faceplate down covering his features, waves to Zeek and announces "Take me to your leader!"
Zeek, honestly believing he was under attack from another plant, fired boht barrels into the chest of Victor killing him instantly.

1. What is the most severe crime Zeek can be prosecuted with?

2. Can Victor's widow bring a valid civil claim against Zeek? against Apex?

3. Can Zeek bring a claim against NASA? Apex?

4. Is it even illegal to kill aliens? If not, can Zeek then legally kill Tom Cruise?

1 comment:

Anonymous said...

1. Zeek can be prosecuted for murder. Murder is the intentional or Extremely Reckless killing of another. In this case, Zeek either intended to kill victor or new that shooting at someone carries a substantial likelihood of death.
Zeek can attempt a self defense theory,which requires the actor believed he would suffer death or serious bodily injury to justify deadly force. This belief must be objective, that a reasonable person would fear and subject that the actor did in fact fear death or serious bodily injury. Since Victor landed on Zeek's property out of necessity, this defense will likely fail. Though Zeek or NASA would be liable for any property damage caused by the emergency landing.
2.Victors widow can bring a claim against Zeek and against Apex. This is a silly question because in theory anyone can bring a claim against anyone at any time, as long as the claim is not frivolous. It does not appear from the facts given that the claim would be frivolous in either case.
3.Zeek would have to show some damages, or harm in order to recover from Apex or NASA. It does not appear from the facts that Zeek has suffered either.
4. Killing Aliens is fine. The defendant would have to prove that Tom Cruise was not a Human in asserting this defense to criminal charges.