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View Diary: Dawn Nguyen should be charged with being an accessory to murder (55 comments)

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  •  if a barkeep knowingly serves an obviously (3+ / 0-)

    drunk person another drink, lets them leave, and they then kill someone with their vehicle, the barkeep is held liable as well. i think the theory is the same in this instance: she knew his history, knowingly acquired the weapons for him, and he then killed people with those weapons, making her culpable as well. i'm not a lawyer, but i believe the basis is found in the overall theory of criminal negligence: you commit an act that you know, or should know, has a high probablility of causing harm to another. you have a legal (and moral) responsibility to not knowingly (even if unintentionally) cause harm to someone else, by your actions. the barkeep didn't intend for the drunk driver to hit someone, while driving drunk, but knowingly served them/allowed them out. ms. nguyen didn't intend for mr. spengler to kill anyone with those guns, but knowingly bought them for someone she knew wasn't allowed to have them by law.

    •  barkeep not guilty for murder (0+ / 0-)

      although in some cases the victim gets money damages from him/her.

      The standard of proof for civil liability is much lower -- negligence is enough, and preponderance of the evidence is enough.

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