11-04-2013, 11:04 AM
(This post was last modified: 11-04-2013, 11:23 AM by HellJacket.)
(11-04-2013, 07:30 AM)Lou Wrote: At the time, before he saw the video, he didn't know that guy came at him with a knife. He must have thought he killed an innocent bystander.This is a good example of television writing that uses the technique: if all the characters in a show believe something, then it must be true. The problem here is that even if the "guy came at him with a knife", that guy is still an innocent bystander. Without looking at Oregon's self-defense laws (and no, I don't feel like doing that), Nick is a criminal aggressor in that situation, and doesn't stop being the aggressor just because someone tries to take him down. Think of it like this situation. If someone decides to rob a bank, and during the bank robbery, one of the armed guards pulls a gun on the bank robber. Is the bank robber allowed to show the armed guard? Hell no! This situation (ignoring Nick being drugged) is the same here. That guy with a knife remains an innocent bystander even though he pulled a knife (ignoring what Oregon's self defense laws say, which may change this position).
(11-04-2013, 07:30 AM)Lou Wrote: He did all that crazy stuff while he was a Zombie. A good lawyer could get him off - its just that the trial and testimony would be really really crazy.If Nick could prove the wessen-nature of the Baron, AND show that the Baron had the ability to turn people into zombies, AND show that the Baron forcefully used this power on him, Nick would get off. The problem is that he likely has to prove all these elements (ignoring what Oregon case law says about this defense which may add or remove some). A great lawyer would have trouble doing the above.
FYI, in real life, most jurisdictions don't consider simply being high/drugged as a defense to a crime. Usually it has to be a mistake/accident (i.e., have an unknown reaction to prescription medication) or someone has to force you to take the drug. Otherwise, when a guy gets drunk and beats his wife, he's technically innocent every time.
-Edit: And now that I think about it, a temporary insanity defense would be pretty good in this situation. The problem remains that you have to prove the existence of the zombie drug, and without the Baron, that is unlikely to happen in the court of law (everything Rosalee knows about the drug is hearsay for instance, and I doubt she'd pass the legal standard for an expert witness).