murder? or not?

Question

say like, this guy is holding me hostage and tells my dad he has to kill the mailman or he's going to kill me, and my dad kills the
mailman, is it murder? do you like go to jail?

just wondering because on 24 something similar happened and i never understood that

Answer 1

It is murder. Cyanne is right concerning many other crimes; the affirmative defense of physical or mental duress does work for many crimes, but there is no affirmative defense of duress for taking a human life.

The affirmative defense of self defense applies only to the individual taking the other person's life and THAT person (who is dead) had to have been the threat. Defense of another is what one other answerer may have thought applied, however, there again, the only person whose life may be taken in that instance is the person who is threatening.

Simply put, you're speaking of emotional duress and I am not aware of any jurisdiction that would hold that as a valid defense to taking a human life.

Like the first person said, that's television. :)

Hope this helps.

Answer 2

Your dad's act is not justified but could be considered excusable, based on the defense that he was under duress at the time of the homicide. Some jurisdictions require that the homicide prevent more than one death: if you are told to kill or you will be killed, then that's a life for a life, so you should have just let them kill you, whereas if you are told to kill or 5 people will be killed, then that's a life for 5 lives and so your homicide is excused. I'd be surprised if any jury agreed. Between the mailman or your son, I'm pretty sure most of them would agree that you should chose the mailman.

Answer 3

Talk about veriables, my instinct tells me to answer in a common sense text, so the way I look at it is if it were me I would do everything I possibly could to avoid having to go thru with something so sensless as killing another human being. If I were sure beyond a reasonable doubt that this person would go thru with his/her threat, then he/she IS going down and if the end result is death, so be it! As far as killing the mailman, unless the demand was specific, I would probably solicit the help of the mailman in a way that would make watching everybody difficult, and if and when this person slipped up YOUR DONE!! I think there is a law about this on the books and you've peaked my curiosity so I'm going to look, (research) this senario. I don't believe you would be charged, unless you lived in Texas!! Later.

Answer 4

Yes, your dad commited murder, the guy is the abettor, but both will be charged for murder. Self defence is only applicable if your dad try to stop the guy from holding you hostage as the guy are casuing dangerous to you, and accidentally kill the guy.

Answer 5

That is murder there is absolutley no defense for this.That would be about the same as murder for hire.Your dad would be getting something in return for killing the mailman.If you feel someone is out te get your mailman you should tell a grownup lol.

Answer 6

From a legal standpoint it is murder. Your Dad would be charged. But, it would most likely be to get the not guilty verdict on the matter.

If you commit a crime under the duress and coercion you listed, while charged, you will likely not be held accountable for your actions. In your case, people would understand that parents will do whatever they have to in order to protect their children. Even if it means killing and spending time in prison for it. This is very rare, and more likely seen in the movies or TV. Harrison Ford just had that movie about it and a bank robbery. It makes for a great story.

It's almost like the insanity plea. In this case though, you know right from wrong, but don't care as you want your child to be safe.

Like I said, very, very rare. But, good television to watch.

Answer 7

Yes it's murder. Your dad should have told the police. Or told the mailman to tell the police.

Answer 8

Dude... if it woulda been Jack Bauer... then Jack woulda been like... KILL MY SON! and Jack's son woulda been like... HIYA! and kicked some bad guy butt... and then Jack woulda grabbed the mailman and been like... pretend yer dead... wasnt that cool in the first episode how jack went all lost boys on that fellas neck?

Oh yeah... and it prolly is murder.

Answer 9

Under the Model Penal Code duress is mitigating. He'd probably get off or be charged w. manslaughter at worst.

It's not self defense because he isn't defending himself, but he is certainly under stress because of the situation.

Answer 10

It is murder, however your father would have an affirmative defense available to him. He would have to prove that things as you stated happened and that he was certain that was the only way to avoid your death. If he couldn't prove that, then yes it is either first or second degree murder, and probably first degree murder. (The only difference between the two is whether the victim was killed "purposely", as in first degree murder, or "knowingly".)