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A man is pushed off a building. On the way down, he's shot. Who's charged with murder?

I heard this on a TV show years ago (law and order maybe?) where they claimed it was a bar exam question and I always wondered the correct answer. A man is pushed off a building. On the way down he's shot. Who's charged with murder? Let's say for the sake of argument that they determine the cause of death was blunt trauma to the head and its unknown if it was caused by the bullet, the fall, or both.

Thanks!

9 Answers

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  • 10 years ago
    Favorite Answer

    It was originally an example invented by Don Harper Mills, then the past president of the American Academy of Forensic Sciences, which he presented at a banquet in 1987.

    It's been used on Law&Order, CSI, Magnolia...

    In discussions of it, I've seen it posited that since no one knew for sure that he would die from the fall--perhaps there was a safety net below--if the shooter meant to shoot him specifically, the shooter would be charged.

  • 10 years ago

    If the bullet struck/pierced the victim first, then person shooting should be charged

    If the man fell first & then the bullet struck him (very very highly likely situation), then person who pushed should be charged !

    However, if it cannot be determined as to who did what first, (i.e., cause of death is uncertain) AND if it's a clear cut fact that the man was pushed from a very high building (high enough to cause death) & the other man's bullet pierced through the victim, THEN BOTH SHOULD BE EQUALLY CHARGED WITH CONVICTION OF MURDER AND ATTEMPT TO MURDER !

    Source(s): Hope it's clear enough for you !
  • 10 years ago

    Not sure. Haven't seen Magnolia in a while.

    However, the person who shot is at least charged with assault with a deadly weapon. Depending on the other factors surrounding the case, manslaughter to attempted murder charges might apply.

  • 10 years ago

    the person who pushed him off the building

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  • john a
    Lv 6
    10 years ago

    the guy who pushed him from the ledge because he would have died without being shot. Unless the building is less than 3 stories up.

  • ?
    Lv 7
    10 years ago

    Shooter - murder

    pusher - attempted murder.

    If another guy who is sworn enemy of the dead guy sees him lying on the street, and not knowing that he is dead, decides to shoot him, that is attempted murder as well.

  • 10 years ago

    the man who pushed him, becuse he would have died from the fall depending on how high it was. if it wasen't that high then it would be the person who shot

  • 10 years ago

    both should be charged with attempted murder...(what if there are fireman with a net under the building?)

  • 10 years ago

    The person who pushed him

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