kimberman wrote:
Where in section 611A.08 do you find this?
Subdivision 2 of the statute says
Quote:
...the crime victim is immune from and not liable for any civil damages as a result of acts or omissions of the victim if the victim used reasonable force...
What are you talking about?
http://ros.leg.mn/bin/getpub.php?pubtyp ... et+Section
I think he's talking about the nonexclusive way that the statute defines "perpetrator".
As you know, if the perp is convicted or pleads out, that's "conclusive" proof that he is, in fact, a perp, and that the victim is immune from damages. Period. Done deal. Can't even sue, much less win.
But the perp can't be convicted or plead out if he dies in the commission of the crime, and whether or not he was, in fact, a perp as defined in 611A.08 would be a matter of fact that
could be put in front of a tryer of fact -- a judge or jury -- thereby allowing a lawsuit to proceed at least up to that point.
I think that's what he's getting at. Assuming I'm right about what he's getting at, two questions:
1. Is he right?
2. Is there any possible legislative fix?
(My guess is 1. No; 2. Not in practice, although in theory. But, then again, not only am I not a law professor, but IANAL, and all that.)