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Alabama police say's it's ok. Even if the one that is dead did not have a weapon he was still in wrong.

2006-10-26 17:43:57 · 10 answers · asked by Anonymous in Politics & Government Law Enforcement & Police

my son's wife and boyfriend stabbed him to death and the law let them go free because they were the only witnesses.

2006-10-26 18:29:42 · update #1

10 answers

A person is only allowed to use deadly force when they fell that their life is in imminent danger. It is possible to feel like your life is in danger even if the other person does not have a weapon. This is especially true for a woman, because women are usually at a size disadvantage in any confrontation with a man.

With the loss of your son, it is understandable that you are upset. But you say yourself that there were only two witnesses, and you were not one of them. With that being the case, it's not possible for any of us, or even you, to know the whole story of what went on.

In the state of Alabama, any homicide investigation will be presented to the Grand Jury. The police may not make an arrest at the time, but the Grand Jury will review all the evidence and testimony and then they will decide, not the police, whether the case will proceed to trial. The Grand Jury is made up of everyday citizens. If they decide that it was self-defense, the case is over. If they decide that it was not self-defense, it will go to trial. At trial, it will be up to the jury as to whether or not it was self-defense. So it's not the police who decide what qualifies as self-defense, it's the people of the community.

2006-10-26 19:57:43 · answer #1 · answered by RJ 4 · 0 0

It depends on your situation. If you are in your home, and someone enters your home with a lethal weapon, open fire!
If you are walking down the street in a neighborhood you have no business in, call the police! If you are walking in your neighborhood, and someone attacks you, try to fend him off, or escape, or call for help, as a last resort kill him. If you have to kill someone because you are afraid they might sneek up on you, you better have a good lawyer, or be ready to leave the state, because you can't just kill someone you think is a threat.
You would be better off just leaving the town or state and getting away from the situation than killing someone. I think it's wrong to kill someone because you are paranoid.
Another thing is do not buy a gun, then kill someone right after that. That could give you a 1st degree murder rap, which could be life in prison. If you already have a gun use that specific gun, don't borrow one, or buy one. You shouldn't talk to anyone about your intentions except the Police if you are being harrassed, and I wouldn't tell the cops you are going to kill someone. That's pre-meditated first degree murder. It has to be obviously in self defense, and not planned ahead. If you have a pistol, and a hunting rifle, it's better to use the hunting rifle.

2006-10-27 00:48:37 · answer #2 · answered by The Bible (gives Hope) 6 · 0 0

It's never okay to kill someone. But if you want to use an an affirmative defense, the burden of proof would be on you to prove that your life was in danger. Your life has to have been in immediate danger at the time you killed them. You can't say that you were worried they that would come after you. If they have come after you, and then they stop(for example a lot of battered women have killed their husbands after they passed out drunk), you likely won't get away with a self-defense argument. I recommend that you do not kill anyone!!

2006-10-27 00:54:21 · answer #3 · answered by Lawgirl 7 · 0 0

No, not unless they come at you wielding a weapon. You can't just go on instinct you will be charged with murder. They have to actually be trying to harm you or kill you and in the act of it. It doesn't matter where you live they have to actually be trying, you can't just think that. Otherwise everyone would use that excuse to get out of murder, "Oh my bad, I thought they were trying to kill me." Sorry doesn't work like that.

2006-10-27 00:52:40 · answer #4 · answered by Rachel C 5 · 0 0

it would have to be a clear case of self defense and i think he would have to have a weapon on him or some way to harm you...i have also heard that a person breaking into your home needs to be in your home for you to shoot them...so i have heard stories and i guess it may vary according to the case and what all had happened...i just do not think i could kill anyone no matter what the situation was unless maybe it involved my children..i know in the bible it says thou shalt not kill...so who knows really until they are faced with it...i am sure those that have no morals would not have any problems killing another human being...thank god we are not all like that...

2006-10-27 00:51:55 · answer #5 · answered by sanangel 6 · 0 0

If the person comes towards you in a threatening manner you have the right and duty to protect yourself anywayyou can. But if he or she says I am going to get you that doesn't mean anything

2006-10-27 00:49:31 · answer #6 · answered by devora k 7 · 0 0

no, sorry dude. Every paranoid person would have a licenses to kill.

2006-10-27 00:47:00 · answer #7 · answered by Parrot Bay 4 · 1 0

I rather doubt it! He better be inside your house or in the act of assault when you shoot him! You can only do that in Iraq!

2006-10-27 00:47:00 · answer #8 · answered by cantcu 7 · 1 0

did you ask for a personal opinion from ONE officer and not the policy of the DEPARTMENT?

2006-10-27 00:50:10 · answer #9 · answered by Anonymous · 0 0

self defense

2006-10-27 00:45:54 · answer #10 · answered by emedisnilive 2 · 0 0

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