Comment Re:Was it a Russian drone? (Score 1) 121
Depends on what the person was doing at the time. If the person who didn't pull the trigger was holding up a liquor store and the police shot the wrong person, there's at least arguably mens rea, which is how we get things like the felony murder rule.
Not quite- that's how you get the proximate cause felony murder rule, of which only a couple of jurisdictions in the US, and none outside of the US in the Western world recognize due to its obvious injustice.
No, it's how you get mens rea for the felony murder rule. You didn't carry the gun with the intent to kill, only to intimidate, but you still had a guilty mind, and if you then used the gun to kill someone in the heat of the moment, there's your mens rea.
And remember that actual cause does not mean literally pulling the trigger. At least in the U.S., the courts apply a "but for" test. If the event would not have happened without the previous event, then the previous event is considered the actual, not proximate cause. The police would not have shot the other person but for the perpetrator pointing a gun at someone (and possibly shooting at the police).
IMO, that's not meaningfully different than involuntary manslaughter convictions for allowing unsafe working conditions at a construction site or leaving your loaded gun out where a child can take it, both of which have happened.