like say if you are a girl that goes to a guys house. we both get drunk and you want to leave. then he gets angry and starts assaulting and harrasing you badly. then you find a kitchen knife and accidently kill him in some way because he wouldn't stop at you even if there was a knife in the way. like you accidently swing you arm around and miraculously leave a deep gash in the guys neck? then he dies BUT you own up to the police? would you then go the prison or would it be the dead persons fault for being foolish enough to have an an accident killed? by the way i'm just a teen looking for help for his homework so answer quick please!
2006-08-16 22:36:53 · 10 answers · asked by guy using for homework 1 in Politics & Government ➔ Law Enforcement & Police
Acting irresponsibily by going to a strangers house, getting drunk, and ending up killing another person will definately have bearing on whether or not the incident will be considered self defense. Generally, the law gives people the right to use "deadly physical force" to defend themselves against the immenant use of deadly physical force, by another, against themselves or a third party. However, simple as that may sound, it not. Jurys have to decide whether or not a person was justified in using deadly physical force to protect themselves or another.
2006-08-17 03:24:01 · answer #1 · answered by rico3151 6 · 0⤊ 0⤋
There would be a case for arguing involuntary manslaughter with mitigating circumstances of self defence. If it's a first offence and with good behaviour there is a good chance of a lenient custodial sentence, the assailant would probably only serve 5 years.
2006-08-16 22:46:33 · answer #2 · answered by kenhallonthenet 5 · 0⤊ 0⤋
It doesn't matter self defense or not you will go to prison and the least that can happen to you is voluntary manslaughter and some state do not even have a self defense law like the state I live in which is SC.
2006-08-17 03:26:25 · answer #3 · answered by lildevilchild_87 5 · 0⤊ 0⤋
Obviously a teen. Getting a knife negates the accidently part. Do you need a new boyfriend?
2006-08-16 22:43:30 · answer #4 · answered by Colorado 5 · 0⤊ 0⤋
Self defense according to how i was taught it says that you are only allowed to do what it takes to repel the attacker and get away. like if you punch the guy and he falls down and you are able to run away you must do so. if after he fell you continued to beat the crap out of him and kill him then you will be charged. so if that was the only way to repel the attacker then you get off...but if you had other options enjoy prison.
2006-08-16 22:45:07 · answer #5 · answered by me 2 · 0⤊ 0⤋
Contrary to most peoples thoughts on the law which they apparently learned from a friend, in "most" of the US it is legal to use deadly force to protect oneself or another from imminent peril, death, rape, serious physical injury and kidnapping. But you will have to be able to prove you were endangered and threatened.
2006-08-16 23:43:12 · answer #6 · answered by mark g 6 · 2⤊ 0⤋
There would have to be evidence that you were acting in self defense, such as bruises, to show you felt threatened and had no others means to escape with your life.
2006-08-17 01:53:38 · answer #7 · answered by bsure32 4 · 0⤊ 0⤋
You would have to prove it was in self defence and seeing how he is dead you looking at prison.
2006-08-16 23:01:06 · answer #8 · answered by shelz042000 3 · 0⤊ 0⤋
I believe everyone should watch this video on the true meaning behind words in court. Learn to defend yourself... http://video.google.com/videoplay?d...
2006-08-20 07:02:08 · answer #9 · answered by Sugi 2 · 0⤊ 0⤋
depends on what the evidence says, but what you said sounds like 3rd degree homicide
2006-08-17 04:40:09 · answer #10 · answered by mike g 5 · 0⤊ 0⤋