while he was doing my daughter? Should a jury convict me? and even if they convict me, should I get an extended sentence?
2007-02-17 18:09:45 · 15 answers · asked by Anonymous in Politics & Government ➔ Other - Politics & Government
If you walked in while he was attacking and raping your daughter and you fought with him and killed him, then you would be in the clear. A felony was obviously being committed in your presence, in your home and against a member of your household. No jury in the land would convict you. But, if your daughter is attacked and several days later you shoot the guy, then that is murder. Protecting yourself and family members in your own home against any type of a physical attack, including the bad guy holding a gun or dangerous weapon on a family member or the bad guy physically attacking a family member and you defend them or yourself and the bad guy ends up dead, you are in the clear.
2007-02-17 18:23:39 · answer #1 · answered by ? 7 · 0⤊ 0⤋
It's difficult to say. I would need a state. Also, was the rapist armed or was your daughter threatened by him with a weapon? Would the rape be in your home, or outside of the home? Did the rapist break into the house?
These are some questions and many more besides that would be asked while the case is being investigated. There will be DNA testing of victim and attacker, there would be investigators all over the area collecting evidence. Depending on the murder weapon, it's pretty much like what you see on Law and Order. They will be out with tape measures for blood splatters and direction of entry of the wound, blacklights and chemicals to spray to be certain there was a rape...and so forth.
It all depends on the judge and most especially how the jury could be convinced that it was justifiable homicide.
Depending on the answers to the above questions, do not forget you will be grilled to the max. If there are any holes in your testimony, which would prove you to be in the wrong, the prosecutor will find it. There are not too many 'justified homicide' cases and the person who commits the murder does spent from 15-25 years in prison...or thereabouts.
2007-02-18 02:38:28 · answer #2 · answered by chole_24 5 · 0⤊ 0⤋
Well, hypothetically you can do what ever the hell you want. As a father, as a man if I see you raping any woman I'm ending your sorry existence right then and there. And if given the opportunity I'll take my damn time doing it. And yes, if need be I'll pay the price because I am a civilized man and not an animal like the piece of **** I had killed. There is but one law of survival of the species, women and children first. when we forget that one simple rule, then we are doomed as a species and good riddance to us.
2007-02-18 02:29:24 · answer #3 · answered by Koolaid Kid 2 · 0⤊ 0⤋
Well, I would like to say you would roam free, but, that's not the way things work. I love the move " A Time to Kill" because that really does happen. But I say you would be convicted. It's not fair, but nothing is fair when it comes to trials and juries anymore.
2007-02-18 02:17:38 · answer #4 · answered by queenB 2 · 0⤊ 0⤋
In Missouri, Deadly Force is authorized to prevent the crimes of murder, kidnapping, and rape. You may get arrested, but a conviction would be unlikely.
Killing the suspect after the fact, however, is still plain old murder.
2007-02-18 02:15:04 · answer #5 · answered by Citicop 7 · 0⤊ 0⤋
As a military police officer, if lesser force is unavailable or cannot reasonably be employed, I'm allowed to take someones life to prevent/stop a rape in progress. I think you did well, personally....but I think you SHOULD do some time for the words you murdered in your question....killing a rapist is (in my own humble opinion only) justifiable homicide....but what you just did to the human language is cruel and unusual.
2007-02-18 02:25:14 · answer #6 · answered by Doc 4 · 0⤊ 0⤋
I would only convict you of murdering the English language!!
The law has some variations state by state , of how much force is allowed to prevent another violent crime.
2007-02-18 02:20:49 · answer #7 · answered by Joe Good Guy 2 · 0⤊ 0⤋
Killing a person who is raping a girl is not a crime because the law consider it as a justifying circumstance to prevent or stop the crime being committed as provided for in the Penal Law.
2007-02-18 02:49:13 · answer #8 · answered by FRAGINAL, JTM 7 · 0⤊ 0⤋
If you caught them while the action is going on you wouldn't do time cause it's basic self defense since you r the guardian of the child, but after you learn of the rape it would be pre meditated murder cause you thought & knew what you were doing!
2007-02-18 02:25:59 · answer #9 · answered by harolddwest 1 · 0⤊ 0⤋
id like to say you wouldnt be convicted, but i think the only time deadly force is legal is in self defence if the person is going to kill you. and even then theres issues. the justice system is screwed these days :(
2007-02-18 02:19:40 · answer #10 · answered by abbington12 2 · 0⤊ 0⤋