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Kesslan
QUOTE (Faelan)
Location, number of shots, I've even heard of the caliber of the weapon being an issue, whether you attempted to flee and had no choice but to defend yourself, they all matter. The only time you can count on it going your way is in the case of shooting someone who has invaded your home. Otherwise you are usually looking at some sort of manslaughter charge or if they survived assault with a deadly weapon, and a potential civil suit. Many states in the U.S. just rock like that. Of course if you live in Florida now you'll be just fine.

OF course thats for the gun crazy USA. The rest of the world killing/injuring in self defence is... really god damn iffy. Or at least.. in some countries it is... like your friendly neighbours to the north *waves hello to the gun crazy Americans*

Here the laws are... well really tricky. Because then they start looking at 'excessive use of force'. The sort of umbrela you can shelter under though is 'reasonable grounds to fear for your life'. They also VERY much take into account if your a gunclub shooter etc, and for some reason or other that should make you some how more restrained in shooting some one in self defence or something. To me thats really just going to make you alot more likely to actually hit the guy and stop him.. but what ever.

Of course Canada, where guns are concerned, is the land where the govenrment has totally lost it's ability to think. But.. that isnt really relevant to the discussion here and it would take up alot of space for me to go over (Though if anyone has questiosn what ever, feel free to ask)

But either way yeah you hit alot of the same questions in Canada once the deed has been done. Also it's -very- important to note that 'equal force' bit in Canada. That generally means you -technically- can only retaliate with a same/similar weapon. IE if the guy goes at you with a knife it's berfectly ok to beat the crap out of him with say... a baseball bat. But it's a great deal more iffy if you go and shoot him.

This is in no way helped by the legal precidents set in both the Canadian and American legal systems. One Canadian example, a buglar was on the roof of a home, fell through a skylight, landed on his back on a kitchen counter, and some how or other had a knife that was laying on said counter impale him. He then sued and won under the grounds of 'hazardous conditions' or some such bullshit. The US has a great deal more of this than Canada, but we seem to be quickly catching up these days to the wonders of legal stupidity when the badguys can sue the victims.

As to the whole penalty thing. I'm definately agreeing that -3 penalty is appropriate, especially as some one had mentioned thats the same penalty you get from using magesight goggles, and their technically I would think alot more advanced than a simple smartlink, for the sole reason that it litterally allows you to cast LOS based magic around in just about any bloody situation you can get the other end into.

I would however also take recoil into consideration. I probably would simply fla tout double it due to the added nature of your LOS bouncing around since your firing from the same viewpoint as your looking through. And then if your using a large weapon, changes are you would loose the benifit of stocks, recoil pads and similar.
fistandantilus4.0
QUOTE (Kesslan)
*waves hello to the gun crazy Americans*


wavey.gif
Konsaki
Heh, if you want gun crazy Americans, come down to Texas where everyone and his brother has at least one. Always remember though, it's not the gunrack with the firearm in it you have to worry about, its the empty rack below it. biggrin.gif
fistandantilus4.0
Nah, I see to many folks w/ cup holders sized for Big Gulps or beer cans in them on the bottom rack.
Penta
QUOTE (Kesslan)
Of course Canada, where guns are concerned, is the land where the govenrment has totally lost it's ability to think. But.. that isnt really relevant to the discussion here and it would take up alot of space for me to go over (Though if anyone has questiosn what ever, feel free to ask)

OK, I'll bite: Huh?
Eben McKay
QUOTE (Kesslan)
This is in no way helped by the legal precidents set in both the Canadian and American legal systems. One Canadian example, a buglar was on the roof of a home, fell through a skylight, landed on his back on a kitchen counter, and some how or other had a knife that was laying on said counter impale him. He then sued and won under the grounds of 'hazardous conditions' or some such bullshit. The US has a great deal more of this than Canada, but we seem to be quickly catching up these days to the wonders of legal stupidity when the badguys can sue the victims.

This is a story told in the movie "Liar Liar" starring Jim Carrey, isn't it?
Charon
QUOTE (Kesslan @ Dec 15 2006, 11:24 PM)
This is in no way helped by the legal precidents set in both the Canadian and American legal systems. One Canadian example, a buglar was on the roof of a home, fell through a skylight, landed on his back on a kitchen counter, and some how or other had a knife that was laying on said counter impale him. He then sued and won under the grounds of 'hazardous conditions' or some such bullshit.

I dare you to back that up.

That's an urban legend if I ever heard one.

Your whole understanding of self defense seems iffy to me , too.

AFAIK if you can demonstrate that firing a weapon was justified as self defense, your training will be completely irrelevant. Being justified in firing that shot is the main concern. And that's where it can get tricky if your opponent didn't fire first. Was your life really in danger? Could you have just threatened him? Did you have to shoot? Was it really your last chance to preserve your security or that of someone else?

Your training will mostly come in to play if you try to claim you didn't mean to shoot but it was an accident. ("I didn't mean to shoot but when I drew I tensed up and..."). That's just less likely from a well trained shooter. But there is no requirement for a trained shooter to aim for the leg or some whacky non-lethal bullet driven method in order to claim self defence. We don't even ask that of our cops!

It's not as if you killed your agressor with your barehand and you are a Karate black belt. Killing with your barehand is usually an accident, an accident that becomes less likely if you are well trained. But killing with a bullet is pretty much the expected result so if you can successfully show that you were justified in firing in the first place, Self-Defense will work whether the agressor dies or not as a result of every justifiable bullet you shoot at him and whether you are a sharpshooter or Joe citizen.

Know that there are some cases in Canadian jurisprudence where someone actually brought illegally the weapons they then used to defend themseves and were able to successfully claim self defence. It gets trickier to show you didn't want to fight if you come prepared and that you were backed in a corner but it has been done a few time. So you can see where if you are truly a law abiding citizen your odds are even better.

Canada is not some kind of whacky aggressor's paradise. The real key to our self defence law is simply that you be seen as making some effort to avoid fighting and that it was arguably your last option. If you can do that, you're free. Basically, it's that simple. The requirement that you try to flee the conflict if it's practical to do so is the main difference with the laws in some of the States in the US. Otherwise it's pretty much the same thing.

And yes, you can even shoot at a murderous cracked up junkie swinging a baseball bat at you. You don't have to find yourself your own blunt weapon to make it fairl. Our legal system isn't that moronic!

Can it be argued that you reasonably believed that the junkie threatened your life with the bat? Yes? Then you are justified in using lethal force of your own. Had you no reasonable opportunity to avoid the fight? No? What about running? It's not considered mandatory : if the guy runs faster than you it's obviously not even an option. If you could easily just lock yourself inside and thus preserve your life then that is what you must do by law but otherwise it can be said you have no reasonable way to avoid the fight.

So what do you do in that case? Shoot the bastard until he stops threatening your life. When he stops coming at you immediately stop firing and then you call 911 and make sure an ambulance arrives as swiftly as possible.

If you can't get away on self defense in Canada in that situation it's because your lawyer isn't even trying. Odds are the Crown won't even bring up charges against you in the situation I just described.
Charon
QUOTE (Eben McKay @ Dec 16 2006, 11:30 AM)
QUOTE (Kesslan @ Dec 15 2006, 11:24 PM)
This is in no way helped by the legal precidents set in both the Canadian and American legal systems. One Canadian example, a buglar was on the roof of a home, fell through a skylight, landed on his back on a kitchen counter, and some how or other had a knife that was laying on said counter impale him. He then sued and won under the grounds of 'hazardous conditions' or some such bullshit. The US has a great deal more of this than Canada, but we seem to be quickly catching up these days to the wonders of legal stupidity when the badguys can sue the victims.

This is a story told in the movie "Liar Liar" starring Jim Carrey, isn't it?

Ah! you were right, Mckay!

QUOTE
Greta: Mr. Reede, several years ago a friend of mine had a burglar on her roof, a burglar. He fell through the kitchen skylight, landed on a cutting board, on a butcher's knife, cutting his leg. The burglar sued my friend, he sued my friend. And because of guys like you *he won*. My friend had to pay the burglar $6,000. Is that justice?
Fletcher: No!
[Greta looks pleased, but then Fletcher continues]
Fletcher: I'd have got him ten. 


Read it here or just rent it.

rotfl.gif
mfb
that one in particular may be a myth, but it's certainly true that people are being awarded ridiculous amounts of money for ridiculous claims.
Charon
QUOTE (mfb @ Dec 16 2006, 11:43 PM)
that one in particular may be a myth, but it's certainly true that people are being awarded ridiculous amounts of money for ridiculous claims.

Once you have weeded out the urband legend and the gross distortions of the facts you'll find out that ridiculous money for ridiculous claim isn't that common.

For example : The famed case where Stella Liebeck dropped her McdDonald Coffee on her lap, burnt herself and then successfully sued McDo.

Looks silly and it was often pointed out in its time as the perfect example of a frivolous claim. Until you learn the woman suffered 3rd degree burn over 6% of her body. Yes, 3rd degree! McDo's coffee wasn't just hot, it was scalding : At the time they kept it at around 190 degree instead of 135-140 like most rivals essentially because that way they needed to make fresh coffee less often. Expert showed that at 150 the coffee has time to cool down enough when it comes in contact with clothes to avoid serious burn. But at 190, good luck. There had been 700 recorded burned flesh incident in the previous decade including several 3rd degree burn so McDo was well aware of the risks. The judge called McDonald's conduct in this case "reckless, callous and willful" and punitive damage was well warranted. And today, McDonald keeps it coffe at around 150. Whad do you know, they were wrong and it took a civil suit to make them change their way...

A lot of the so called frivolous case that got paid off are just like that. When you really look into it, there just isn't that many truly frivolous AND successful suit once the fact of the case are known.

It mostly comes down to the fact that nowadays people are cynical about the judicial system and any claim that makes it look bad will often be accepted at face value instead of being considered with healthy skepticism.

FrankTrollman
Edit: Damn you Charon!

QUOTE (mfb @ Dec 16 2006, 11:43 PM)
that one in particular may be a myth, but it's certainly true that people are being awarded ridiculous amounts of money for ridiculous claims.

Probably, although I don't actually know of any in particular. Even the famous McDonald's Coffee award was a well reasoned legal descision to attempt to make the world a better place.

The backstory is that the woman who was injured wasn't the first, it wasn't even a rare incident. People used to get burned on McDonald's Coffee constantly - the stuff was served well beyond the safe temperature and it hurt a lot of people. And why did they do that?

Because the hotter the coffee is, the longer it lasts. That is, if you kept coffee at a lower temp, it would be safe to drink. But it would also get yucky in about 1 less hour. The net result would be that McDonalds would have to make more pots of coffee each day.

McDonald's made about 1.3 million dollars a day from coffee sales in 1994. The award - 1.3 million dollars - was not about the specific damage to an elderly woman (although she needed skin grafts - it was very traumatic). It was about sending a message to McDonalds that maintaining a dangerous food service environment in a blatant corner cutting measure to squeeze extra money out of the system was not going to be tolerated.

On close examination, every case of "courts gone wild" I've heard of has turned out to be either completely made up like the burglar on the roof, or a completely reasonable and Solomic decision like the McDonald's Coffee decision. I don't discount the possibility that there are out of control legal crazinesses going on - I just don't have any actual evidence that this is the case.

I'm way more worried about civil liberties law right now. Right now I can be asked to pay thousands of dollars in fines for making a backup copy of digital media that I urchased for personal use onto a recordable media that I purchased with an included fee that went straight to major media companies to compensate them for the supposed loss of business caused by people like me recording onto them. That's not activist courts though, that's the US congress. Always looking out for The Man.

-Frank
ixombie
Rediculous amounts of money for rediculous claims are actually a myth in general. Every study of the tort system that has been done shows that juries are pro-defendant more often than not. Why does the myth persist? Because the crazy cases get the crazy media coverage! They are very few and far between, but the sane cases attract no attention so it seems like "omg teh system iz teh brokenz!"

Not to say that you're somehow inadequate for believing it. Congresspeople responsible for slash'n'burn style tort reform believe it too. Though even if they knew the truth, politicians would still do whatever they thought their constituents would like, even if they knew the voters were morons.

My favorite tort myth is the burglar who broke into someone's garage while the family was on vacation, and got trapped. He had to subsist on dog food for a week until they came back, and then sued them and got a bajillion dollars or whatever.
mfb
well, yes, the ones that actually go all the way through court are generally well-reasoned. the thing is, there are many cases that get settled outside of court, because the guys getting sued figure it's cheaper--in terms of money, PR, or both--to just take care of things quietly outside the spotlights.

i'm more worried about civil liberties, too, because i don't think it'd take much of a restructuring of the legal system to largely fix those problems. our sue-happy culture, i'm less sure is fixable. though i'll be the first to admit that i'm not a legal expert by any stretch of the imagination.
Charon
QUOTE (mfb @ Dec 17 2006, 12:18 AM)
well, yes, the ones that actually go all the way through court are generally well-reasoned. the thing is, there are many cases that get settled outside of court, because the guys getting sued figure it's cheaper--in terms of money, PR, or both--to just take care of things quietly outside the spotlights.

Genuinely silly claim won't even get settlement out of court since those aren't even bad publicity. Consumers will take side with the company if they feel the claimant is an idiot and when that's the case, the court fees are well worth the free publicity.

But I'll buy that more marginal claim may get more than they deserve in settlement. That's more for the cases that look superficially solid to the uninformed observer and where the public's sympathy is on the side of the claimants. This occurs more for things relating to the cause-du-jour like the environment than (apparently) freak claims like those we have been discussing.

QUOTE (Frank Trollman)
Edit: Damn you Charon!


I aim to please. But since I'm supposed to be the ferryman on the river Styx, it's safe to say I'm already damned.
Konsaki
QUOTE (Charon)
QUOTE (Frank Trollman)
Edit: Damn you Charon!


I aim to please. But since I'm supposed to be the ferryman on the river Styx, it's safe to say I'm already damned.

I wouldnt say that, since you are one of the select few that can enter and leave hades as he pleases. biggrin.gif
You also get to see glimpses of paradise as you drop people off there too...
Charon
QUOTE (Konsaki @ Dec 17 2006, 12:39 AM)
QUOTE (Charon @ Dec 17 2006, 02:30 PM)
QUOTE (Frank Trollman)
Edit: Damn you Charon!


I aim to please. But since I'm supposed to be the ferryman on the river Styx, it's safe to say I'm already damned.

I wouldnt say that, since you are one of the select few that can enter and leave hades as he pleases. biggrin.gif
You also get to see glimpses of paradise as you drop people off there too...

Yeah, well, that's just because my daddy is Erebus.

When your father is a good portion of the underworld, it's easier to get yourself a good paying job with perks in the "company".

I'm still basically in hell, though. But the Styx is a good gig. And Acheron too, which is a bit upstream. With a monoply on transportation, one gold piece per soul... Should be able to buy out heaven within a few eons or two.
kzt
QUOTE (FrankTrollman @ Dec 16 2006, 10:09 PM)
Probably, although I don't actually know of any in particular. Even the famous McDonald's Coffee award was a well reasoned legal descision to attempt to make the world a better place.


I used to work next to that McDonalds, though after the incident in question. It wasn't exactly the best run MickyDs around. It wasn't the worst either, but it was below the average. On some days well below average.
Kesslan
Huh, well interesting what stuff out of a movie makes it into RL, or actually its technically possible it also happened in IRL and inspired the line in the movie. I've seen crazier things.

But I'm sure if you look you can find a few actual cases where buglars have successfully sued the victim.

As to the earlier mention of gun retarded laws in Canada, I'll clarify that for some of you who arnt familar with how the gun registry works in Canada.

So far it has drained over 1 Billion dollars. It is a horribly flawed system, that even at one point setn a 'gun registry certificate' for a black and decker 120 volt AC cordless drill. There was a huge deal made about that (for a damn good reason) though the guy in question was jailed and fined for fraud or some crap like that. I dont quite remember. This was back round.. 98? While ago anyway. Since then the system is still horribly plagued with problems.

People have registered guns, and goten back a registry cert for the wrong type of gun. In one case, one of the guys I used to shoot with, registered his shotgun. He got a card registering him for a .50 cal browning machinegun. Which.... is blatantly illegal for civilian ownership in Canada. How the HELL that ever got on there I dont know.

So he sent them a letter back stating their mixup. Now.. theyc ant just take the card back. Instead they sent him a letter stating this was a screwup that he has to keep for the rest of his life, to prove that this is not a real gun, and is only a screwup in teh database system their too lazy to fix. They then sent him a registry card for a hunting rifle.

In the end he wound up with FIVE registry cards, four of which are for totally different types of guns than the one he was registering, and a resulting 4 retraction letters that he now has to keep to prove that he never infact owned those 4 guns. Because if the police go in for an 'inspection' and dont find them he can get into alot of legal trouble. And they do NOT need a search warrant for this ladies and gents. Gun owners in Canada have to do the one thing NO ONE, not even 20 time convicted murders have to. The right to refuse a search without a warrant.

So tack on alot of overboard control laws, the need to have a gun users permit, a permit for each specific weapon, and transportation permit for EACH location you desire to transport the gun to (At least in the case of handguns) and you start to see what I mean.

So then this past summer there was some gangwar in Toronto. People using ILLEGAL handguns in crimes. So suddenly everyone was like BAN HANDGUNS! umm... they all but are banned allready. It's really not that hard to get an ilelgal handgun. It takes a hell of alot of time and money to get a legally owned one. You also need to constantly renew your lisences every few years. So on and so forth. The guy with illegal weapons in his house? Can still say show me a search warrant too.

Theres all sorts of assinine crap like that. And then to top it off, of cousre not only does registering a gun not stop some one from going on a shooting spree, but totally imbalanced people (Like one guy who this summer went on a shooting spree at a school in Quebec) not only get registered firearms. But then go on to commit said shooting sprees. The idea of the registry is supposedly to keep firearms and such away from people like this guy, and this was just the most recent spectacular failure of the system. Because they dont ever bother to actually check.
Charon
QUOTE (Kesslan @ Dec 17 2006, 02:31 AM)
Huh, well interesting what stuff out of a movie makes it into RL, or actually its technically possible it also happened in IRL and inspired the line in the movie. I've seen crazier things.

But I'm sure if you look you can find a few actual cases where buglars have successfully sued the victim.

No, no. That incident obviously never happened in RL. There's no provision anywhere in any legal system I know of that requires home owners to keep their roof safe for burglars and to make sure the floor of their home is safe should they fall through.

The only thing a criminal who falls through the sky light and hurts himself on a knife can look forward to is to figure prominently on 'America's dumbest criminals' and that's it.

As for a burglar, any burglar, successfully sueing their genuinely innocent victim... Go ahead and try to track up just one such incident if you are so sure. Good luck.

---

As for the gun registry, yeah, I hear it's a bureaucratic nightmare. Doesn't mean it's useless and I don't know one cop who don't appreciate it.

Spree killers and uses of illegal firearm aren't example of the registry not working, they are examples that shows the limits of the concept. Only utpist expect it to be a magic solution to gun related violence.

Cops routinely check on the registry : They are about to enter a house to enforce a mandate : Does the owner have a gun? Or there has been a murder : Who around here owns a gun of that caliber? They just found a firearm on a suspect, can they swiftly verify that it's illgegal and thus having something to charge him with and getting probable cause for further investigation ASAP (a few hours can make all the difference if the suspect as accomplice that can tamper with evidence)? They use it daily and often usefully.

Just because it's irrelevant for those few specatcular cases that receive massive media coverage doesn't mean the registry itself is useless.

When the cops successfully use the registry you almost never hear about it yet those occasion are more common.

The registry just needs a serious dusting up of the regulations followed by an injection of common sense in the procedures. Its only crime is that its currently damn innefficient, not that it's not useful. We need to either get more bang for our bucks or less bucks for the bang because it's undeniable that it has proved damn expensive so far.

Otherwise, trying to keep track as much as possible of where the firearms are in this country in a format easily accessible to law enforcement is just common sense.
Chandon
QUOTE (Charon)
As for the gun registry, yeah, I hear it's a bureaucratic nightmare. Doesn't mean it's useless and I don't know one cop who don't appreciate it.

Not to hijack this into a political discussion, but...

"A cop finds it useful" is in absolutely no way a valid justification for a law. That's even further down on the list of invalid justifications than "if it saves just one life" or "think of the children".
Charon
QUOTE (Chandon @ Dec 17 2006, 02:45 PM)
"A cop finds it useful" is in absolutely no way a valid justification for a law.

The registry is intended for use by law enforcement. It's the whole point.

If the argument is that the registry doesn't work, I'd say that the fact that the users of the system find it a good tool is pretty much at the heart of the matter. If they didn't, than what are we spending our money for? But if they do find it useful, then it gotta be working on some level.

But if you are arguing that this isn't a valid argument, then it implicitly means that you believe that cops shouldn't have access to such a registry in the first place and that's a whole other debate that have nothing to do with my whole post.
kzt
QUOTE (Charon)

But if you are arguing that this isn't a valid argument, then it implicitly means that you believe that cops shouldn't have access to such a registry in the first place and that's a whole other debate that have nothing to do with my whole post.

From a purely utilitarian viewpoint, is it really worth the 5,000 detectives who don't exist because they had to funnel money into the program? Somehow I suspect 5,000 detectives would have solved at least one crime over the years.
Charon
QUOTE (kzt @ Dec 17 2006, 03:24 PM)
From a purely utilitarian viewpoint, is it really worth the 5,000 detectives who don't exist because they had to funnel money into the program?  Somehow I suspect 5,000 detectives would have solved at least one crime over the years.

That's demagogy, not rational argumentation. 5,000 detective has never been an alternative to the registry and even if it were it wouldn't be one or other other.

If we want to hire more detective we can with or without the registry. But there are logistics factor involved that make the task of recruiting 5,000 detective for a mere billion (or so) comepletely irrealistic anyway.

5,000 detective means we need to take 5,000 experienced police officer of patrol duty (or whatever) and rush them through their detective exam. Then we need to replace these new detectives, of course, because we still need patrol officer.

Do we even have that many qualified candidate chomping at the bit to become detective and then do we have that many young men and women ready to graduate from police academies and replace them on patrol duties? And is our training system able to handle that? Is our formation system working at half capacity, waiting for a politician to say : "come on guys, pick up the pace! We want 5,000 more on top of the those who just replace the retireees! Heee yaaa!." No it's not so we'd need more formation center and more trainers.

Do we have the desks, cars, just the damn working space for 5,000 more detective?

Do we have enough worthy cases for 5,000 more detective or are they gonna pile up on cold case and minor offenders?

Do we have the prison system to cope with the sudden influx of minor offenders? Enough prison guards? Enough prosecutors and judge to handle the cases? What about our forensics labs? Can they accomodate 5,000 more detective?

Do you really think this 5,000 more detective argument is worth more than a puff of crack?

A billion would buy us 5,000 more detective for one year if we had invested, say, 20 billion in infrastructure first and then had another two billion a year for the salary of the people needed to support the output from 5,000 detective.

It's more rational to find ways to cut the cost of the registry and augment its efficiency.
SL James
So much of this discussion has revolved around pistols, but only because I would expect that when it comes to rifles, shotguns, etc., and especially at long ranges for rifles, it is a given that firing around a corner should incur pretty substantial penalties.
laughingowl
Hmm my first thought it to chime in with the shotting around corners equal no...

However then thinking about modern technologies.

(Abhrams M1A!).... and their balsitic comptuers.


Not much difference from timing the 'fire now' sequence of a tank move at 60mpg over rought terrain to the human arm random movements from an awkward position.

With a smartgun, staying on target is not really 'that' important as the 'on-target / fire' sequence is at the speed of electrons. As long as the motion is predicatable enough for the balistic computer to calculate the current drift so that the barrel is ontarget when the bullet exists the barrel you hit.

For much the same reason you can (in third editions) open up full auto, and hose down 20 badguys and miss your eight friends in the room.

The gun ONLY fires when it is on target. You tell it to shoot 'this target' then wave the gun around at random. When the balistic computer says everything is lined up it fires.

Doesnt matter if you arent perfectly steady, it you twitch the gun isnt firing. So unless you are twitching so bad, that the time it takes the charge to ignite and the bullter to leave the barrel cause the shot to miss, then you are good to go.

That being said, 'blind' firing with a smartgun shouldnt get the bonus. Since it is whats allowing you to blind fire.


Blade
Smartlink aren't drones so you can't have them shoot on their own... But nothing prevents you from loading an agent with a targeting program in your cyberhand. wink.gif
KarmaInferno
QUOTE (Charon)
McDo's coffee wasn't just hot, it was scalding : At the time they kept it at around 190 degree instead of 135-140 like most rivals essentially because that way they needed to make fresh coffee less often. Expert showed that at 150 the coffee has time to cool down enough when it comes in contact with clothes to avoid serious burn. But at 190, good luck.

I'd point out that coffee enthusiasts recommend 195 to 205°F as the optimum temperature range for brewing coffee, for best flavor.

Just an aside.


-karma
SL James
Brewing, not storing--which was the issue at hand.
Moon-Hawk
QUOTE (Charon)
Looks silly and it was often pointed out in its time as the perfect example of a frivolous claim. Until you learn the woman suffered 3rd degree burn over 6% of her body. Yes, 3rd degree!

Can you give me something to substantiate this? I did not believe it was possible to produce 3rd degree burns using anything in the temperature range of liquid water. 3rd degree burns require charring of the skin. Charring. Blackened charcoal. Personally, I have never charred and blackened a piece of meat in boiling water.
I find 2nd degree burns more believable.
Eben McKay
QUOTE (Moon-Hawk)
QUOTE (Charon @ Dec 17 2006, 12:00 AM)
Looks silly and it was often pointed out in its time as the perfect example of a frivolous claim.  Until you learn the woman suffered 3rd degree burn over 6% of her body.  Yes, 3rd degree!

Can you give me something to substantiate this? I did not believe it was possible to produce 3rd degree burns using anything in the temperature range of liquid water. 3rd degree burns require charring of the skin. Charring. Blackened charcoal. Personally, I have never charred and blackened a piece of meat in boiling water.
I find 2nd degree burns more believable.

As far as I can tell, the degree system revolves more around depth and severity of tissue damage than specific symptoms such as charring. Type in "third degree scalding" in Google and look at some of the hits. Warning: some graphic burn victim pictures. indifferent.gif
Moon-Hawk
Could be. I was going by:
QUOTE (Wikipedia)
Third-degree burns additionally have charring of the skin, and produce hard, leather-like eschars. An eschar is a scab that has separated from the unaffected part of the body. Frequently, there is also purple fluid. These types of burns are often painless (insensate) because nerve endings have been destroyed in the involved areas.
Eben McKay
QUOTE (Moon-Hawk)
Could be. I was going by:
QUOTE (Wikipedia)
Third-degree burns additionally have charring of the skin, and produce hard, leather-like eschars. An eschar is a scab that has separated from the unaffected part of the body. Frequently, there is also purple fluid. These types of burns are often painless (insensate) because nerve endings have been destroyed in the involved areas.

That's the problem with Wikipedia: so much information, but can we trust it?
Charon
QUOTE (Moon-Hawk @ Dec 18 2006, 11:43 AM)
Can you give me something to substantiate this?  I did not believe it was possible to produce 3rd degree burns using anything in the temperature range of liquid water.

http://en.wikipedia.org/wiki/McDonald'...9;s_coffee_case

Of course Wikipedia ain't exactly flawless but this article cits its source. Plus it's not actually where I got the 6%, 3rd degree bits as I was quoting for memory.

It could be a case of circular referencing but it still shows that this figure seems widely accepted.

For the record, the thing about water is that it loses its temperature slowly. It needs a lot of enery to gain 1 degree when compared to other substance and so when it drops on you it also transfer a lot of energy before cooling down to tolerable level.

Some people use simple boiling water to kill weeds on their pation. Works fine from what I've seen. And if it kills weed, I don't want it on my clothes!
Moon-Hawk
QUOTE (Eben McKay)
That's the problem with Wikipedia: so much information, but can we trust it?

Oh I'm aware. That's why I admitted that I could be wrong about the definition, and made sure it was clear that my knowledge came from wikipedia. I generally take it as implicit that anything coming from wikipedia is suspect at best.
Charon
QUOTE (Eben McKay @ Dec 18 2006, 01:05 PM)
That's the problem with Wikipedia: so much information, but can we trust it?

For fairly straightforward questions, yes.

It's when the subject is still up for debate or has an ethical/social dimension that things get iffy and you usually end up with the version of truth favored by the group which is most relentless in their editing.

So if you want to know about burns you can do worst than Wiki. If you want to know stem cell researches, I'd be careful.
PBTHHHHT
Another source about the McDonald's case
http://www.lectlaw.com/files/cur78.htm

http://www.centerjd.org/free/mythbusters-f...B_mcdonalds.htm
"Third-degree burns do not heal without skin grafting, debridement and whirlpool treatments that cost tens of thousands of dollars and result in permanent disfigurement, extreme pain and disability of the victim for many months, and in some cases, years;"

http://www.nlm.nih.gov/medlineplus/ency/ar...icle/000030.htm
"Third-degree (full thickness) burns extend into deeper tissues. They cause white or blackened, charred skin that may be numb."

What happened was it went into the deeper tissues, which does not need charring. Just extensive damage and well... ouch.

edit:
http://www.stronghealth.com/services/burnt...ypesofburns.cfm
"Third Degree Burns
A third degree (full thickness) burn destroys all layers of the skin. Skin grafting is necessary to repair the skin, because no skin cells are left to reproduce themselves. Third degree burns can result from:
Prolonged flame (house fire)
Steam or scalding liquids
Chemical or electrical injury "
Moon-Hawk
Yeah, I think I'm going to trust the Medical Encyclopedia over wikipedia on this one.
Well, I learned something today. Thanks! smile.gif
PBTHHHHT
Your welcome. smile.gif

I wish I still had my lexis nexis account, that way I could have accessed the actual court transcripts of the case. Ah well.
Eben McKay
Well, I learned something new today.

I didn't know that burns went all the way to the 6th degree (bone damage). eek.gif

Seeing how far we've come from the original topic, I will attempt a link back to the subject at hand: what degree of burns would be inflicted by incendiary rounds fired from a pistol around a corner?

Damn, that sucked. ohplease.gif
SL James
QUOTE (Moon-Hawk)
QUOTE (Charon @ Dec 17 2006, 12:00 AM)
Looks silly and it was often pointed out in its time as the perfect example of a frivolous claim.  Until you learn the woman suffered 3rd degree burn over 6% of her body.  Yes, 3rd degree!

Can you give me something to substantiate this? I did not believe it was possible to produce 3rd degree burns using anything in the temperature range of liquid water. 3rd degree burns require charring of the skin. Charring. Blackened charcoal. Personally, I have never charred and blackened a piece of meat in boiling water.
I find 2nd degree burns more believable.

I know some of the people involved in the case. They were most definitely third-degree. The photos are... awful.
Kesslan
Just to keep this sort of on topic:
On the note of penalties etc incurred for shooting round corners using the smartlink, for at least the camp thats all for penalties does this sound more or less correct?

Penalty for shooting from cover, and viewing using only the smartlink camera:
-3 pool penalty, based off the penalty for using magesight goggles

-total recoil penalty (after compensation) to vision based perception tests
X2 double effect on uncompensated recoil for firing tests
Depending on circumstances, recoil modifications such as gunstocks, shock pads etc may or may not apply. (Largely based uppon how the player is actually holding the gun)

I've also decided in the end to leave the smartlink bonus in due to the various arguments cerntering around the SL's tracking abilites etc. This still, to me leaves shooting around corners using smarguns a viable tactic, but with some downsides.


And now for the following derail! weee!
/Megaderail!
Oh btw Charon on the subject of thieves sueing victims etc here's but one source of a number of cases:

http://www.overlawyered.com/topics/respons...nsib.html#crime

In particular of note is one that was successful:
http://www.walterolson.com/articles/mugmill.html

Though that wasnt specifically the victim being sued, it's relatively close. And shows infact that the precedent is very much there to the point in if you probe abit further on that site there was some law passed I belive it was in Australia that specifically made it so criminals could not sue victims etc.

There's also this:
http://forum.bodybuilding.com/archive/inde...p/t-439577.html

About a tresspaser sueing after falling through a roof.

Now I realize these arnt the best sources available but keep in mind this is stuff turned up in less than a minute of searching the net. Also especially when it comes to tresspassing. Which is infact a criminal act, there is a very reall threat of the owner being sued. When I was working as a security guard for Minto that was one of their biggest concerns. They would rather have the house burn down than have a tresspasser get injured on their property, as they would likely get sued and the costs involved as well as any monetary settlements would cost them far more than having to rebuild the house from the foundation up.

Also I worked in the security field for over three years, one of the biggest things they allways pointed to was taking caution in apprehending folk. To the extreme of making sure your fingernails were well trimmed, becuase if you scratched some one while restraining them they could at least attempt to sue you in court. Even if they did win it costs you alot of money and time. Both in lost wages from work, and in paying court and lawyer fees.

Most of the time when it happens at least in north america it seems largely due to either the criminal being a tresspasser, which is really a very minor crime, and then being injured/shot. Or some one actively burglarizing a place etc and being shot. At least in cases when the criminal in question actualy wins. Other times it's largely apparently other countries that allow, or at one point allowed such activity, before it being specifically made impossible by a new law to protect victims.

Ultimately while most of the stories are urban myth as you say, many are grounded in reality. Often, it appears the grounds are on use of 'excessive force' by the victim or some other factor. That or it's not the victim being sued but the security/police etc. Also back in the 80's early 90's my parents used to own a small appartment building downtown. We had a tenant going by the name of 'Mr. Todd Heanie' (Probably mispelling the last name, I'd have to doublecheck it). This 'fine gentelman' was not only mentally unstable but also a complete con artist. We first got wind that somethign wasnt quite right when his previous landlord of also questionable sanity decided to show up at the appartment building at 3am with the intention of shooting our tenant.

Turns out he'd been previously frauded, and even successfully sued by our tenant. Who then mid winter suddenly stopped paying the rent. We couldnt evict him as it was durrign the winter and at the time it was illegal to kick some one out durring the winter. Top it up with the fact that he constantly made false claims about beign on oxygen (complete with proper warning signs etc, neve rmind the litteral 4 foot high piles of cigarete butts and total lack of oxygen tank(s) later discovered when we finally got him out)

He also failed to pay his hydro bill (which was seperate from rent) and then turend around, sued and won against ottawa hyrdo when they cut his power durring the winter due to his failure to pay his bills for the past few months. He also attempted to sue my parents, lost and eventually was evicted but not before causing over $10,000 worth of damage to the appartment. It was also a good thing we had a police officer called in when he came back to pick up his stuff from the appartment, as he broguht along two thug like friends who were armed with baseball bats. And I assure you they were not at all intending to play a game of ball.

He didnt win, and eventually wound up with a warrant for his arrest as it was also discovered he'd been illegally dealing in pharmacuticals, using multiple fake identies to claim several unemployment cheques and a host of other crimes.

Of course this experience may well be why I lend abit more credence to such stories than others might.
/mega derail!
lorechaser
I'd only apply the vis mod penalties in the same turn.

I do think you're a bit more correct conceptually than I was - make it a -3 penalty, and allow SL to apply, rather than removing SL. Same net effect, but worse for you if you don't have SL. Good catch.



Derail in spoilers

[ Spoiler ]
Charon
QUOTE (Kesslan @ Dec 19 2006, 03:40 AM)
And now for the following derail! weee!
/Megaderail!
Oh btw Charon on the subject of thieves sueing victims etc here's but one source of a number of cases:

http://www.overlawyered.com/topics/respons...nsib.html#crime

In particular of note is one that was successful:
http://www.walterolson.com/articles/mugmill.html

Though that wasnt specifically the victim being sued, it's relatively close. And shows infact that the precedent is very much there to the point in if you probe abit further on that site there was some law passed I belive it was in Australia that specifically made it so criminals could not sue victims etc.

There's also this:
http://forum.bodybuilding.com/archive/inde...p/t-439577.html

About a tresspaser sueing after falling through a roof.

Now I realize these arnt the best sources available...

Yes, they're not very good. And there's not much I can comment on.

The Overlawyered site is exactly the kind of reporting I was warning against. There's never a full disclosure of the facts, just a summary that makes the legal system look bad. Like a summary of the McDo coffee makes the legal system look bad. And there's no convenient way to get all the fact, the sources are minimal or inexistant : At a glance they just redirect us to newspaper article and the link is often broken.

The Olson guy seems more serious. He has credentials and all that. Of course he is preaching for his choir (He is a proponent of tort reform and everything he writes will lean that way) and he didn,t leave any source himself

But the cases he is commenting on isn't remotely similar to what sparked this (side) debate.

Bernard McCumming was unarmed (a fact known to the officer) and fleeing the scene without directly threatening anyone. Shooting him in the back was illegal in the circumstances, even for a police officer. The Supreme court had already ruled on these kind of issues at the time. The Jury had no choice to rule in favor of the defendant, it was just too clear cut.

Also, the Transit authority tried to cover up the fact that the mugger was shot in the back while fleeing. Which is kinda moronic when you consider the number of witnesses including the guy that was shot!

Still they attempted cover up and had their officer lie on the witness stand and they were caught in a mounting pile of contradictions which weighted in the balance since a cash award to the claimant is a also punitive to the defendant.

The real point of concern is how much being shot illegally in the back and losing uses of your leg is worth when you are a dead beat mugger but the defendant tried to cover things up? One can argue the number but that's about it.

I don't know all the details that went into deliberation but since the decision was upheld in appeal it most have been solid.
Charon
On that side-topic :

Several case of this kind

It's a list of several well known apparently frivoulous suits with the key missing facts from most accounts when someone use these case to attack the legal system.

To be fair, I will point out that the Georgia Trial Attorney Association also neglected to cite their sources. It still gives that second perspective that these case usually lack when surfacing in pop culture.
SL James
QUOTE (Charon)
On that side-topic :

Several case of this kind

It's a list of several well known apparently frivoulous suits with the key missing facts from most accounts when someone use this case to attack the legal system.

People do that?!

I'm shocked, shocked, to discover this.
Kesslan
QUOTE (lorechaser)
I'd only apply the vis mod penalties in the same turn.

I do think you're a bit more correct conceptually than I was - make it a -3 penalty, and allow SL to apply, rather than removing SL. Same net effect, but worse for you if you don't have SL. Good catch.



Derail in spoilers

[ Spoiler ]

Well the main reasoning behind my idea of applying the penalties across the entire init phase is because keep in mind, that init phase is exactly 3 seconds. This is why your recoil penalties carry over every IP. Once all actions have then been taken it refreshes itself and your penalties drop back to the base -3 pool.

Afteral this sort of thing can be compesanted for by using a 'take aim' action. Leaving single handed weaponry the prefered choice for shooting around a corner in such a manner, since it's fair easier to do than with a two handed weapon. Otherwise your partially leaning around the corner anyway and not behind 'full cover'.
Banaticus
From the first page of this discussion: http://commons.wikimedia.org/wiki/FELIN

A -3 penalty? Let's say a guy in the military has an attribute of 4 and a skill of 4. Now you give him a -3 penalty for shooting around the corner. His average chance of success drops from 8/3 to only 5/3. That's almost cutting his chances of success in half and I don't think that large of a penalty should be given. I think the standard -1 penalty for shooting from cover covers this just fine. I do, however, think that anything that would lower a recoil modifier in this case would need to be looked at carefully by the GM.

I decided to contact the French Army and see what they thought about this. You too can email them at http://www.defense.gouv.fr/sites/terre/contact_form I'll let you know what I hear once they respond.

QUOTE
Bonjour,
Je suis un étudiant américain et je discutais Félin avec quelques amis. Certains d'entre eux pensent qu'un soldat aurait une chance de 5/8 de frapper consécutivement une cible. Je pense que ses chances seraient bien mieux, cela qu'il aurait seulement 7/8 ans (seulement une pénalité de 1/8). Combien précis est un soldat employant Félin?
Merci,
[my name]

Hello,
I am an American student and I was discussing Félin with some friends.  Some of them think that a soldier would have a 5/8 chance of consecutively hitting a target.  I think that his chances would be much better, that he would only be 7/8 (only a 1/8 penalty).  How accurate is a soldier using Félin?
Thank you,
[my name]
mfb
no! nooooooooooo!

Banaticus, are you taking into account the fact that a person using this technology is not taking any time at all to aim? like, none.

other than asking that question, i'm not going to post to this one anymore.

...probably.
Kesslan
QUOTE (mfb)
no! nooooooooooo!

Banaticus, are you taking into account the fact that a person using this technology is not taking any time at all to aim? like, none.

other than asking that question, i'm not going to post to this one anymore.

...probably.

Yeah thats exactly the reason for the -3 penalty being suggested. Since it's also somewhat in line with the mage sight goggles. Which would arguably have the same viewing range and ability as pointing a gun around a corner and only using the camera to shoot with.

I mean if your actualy taking time to carefully aim, you counter that penalty -anyway-

Firing from cover assumes (to me at least) that your simply taking cover but are still using your own eyes to shoot at the target.
Banaticus
What do you mean, "not taking time to aim" -- a person is taking just as much time as they normally use to aim. Despite the penalty to spellcasting when a mage tries to view a scene through a fiber optic cable, a person shooting around a corner arguably has a better view of the scene than a person looking through any kind of scope. And we don't give a -3 penalty to a person who tries to use a sniper rifle, or any other weapon with a scope, without purposefully taking an "aiming" action.

With smartlinks, I'd assume that most Shadowrunners aren't "aiming" unless they're specifically taking an action to aim. Since the smartlink paints a reticule on your vision and highlights what it thinks a target is, it would seem to be akin to a laser sight -- you're not so much looking down the top of the gun as you're looking to see where the dot is.

Normally, armed people who enter a room are trained to only look where they're pointing the gun and to constantly be looking around (and thus to constantly be moving the gun). If you see someone, you want to be able to shoot right then, not a split second later when you swing your gun to point at them, as then they have time to bring their gun up to point at you.

So I don't put much stock in "not taking time to aim" as most Shadowrunners (and most people in similar positions in real life), don't "take time to aim" anyway. That's why you spend so much time on the firing range -- so that you're used to shooting exactly where you're looking (or pointing). I imagine with the advent of smartlinks, people would be spending more time on the firing range firing sideways, just like old time gunslingers.
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