Do they receive any punishment? Say a guy has a gun to their head and they can't do anything but try and take the gun and kill him. If the person is successful in this endeavor, are they punished? If they're not punished, what is a customary action for the police and/or coroner to take? ....If it can be proven that it was all in self-defense and there was no way out....
2007-02-23 09:20:36 · 12 answers · asked by Andrew 3 in Politics & Government ➔ Law & Ethics
Typically, what do the police do with the "murderer"? Do they let them go right afterward? Or is there at least some sort of trial that they have to go through?
2007-02-23 09:28:10 · update #1
That sounds like self defense to me, but the person who pulled the trigger can and often is held in jail without bail until charges are decided and if he is charged with murder, in most cases he will not get bail then either. He will stay in jail until the trial sets him free.
2007-02-23 09:36:39 · answer #1 · answered by Nort 6 · 0⤊ 0⤋
Its not murder if it was self defense.
If the case was evident then they should not have been charged. If they were charged and found not guilty then no crime has occured.
They may have been charged with murder, first or second degree, or manslaughter. Those are lesser charges and the difference is basically intent.
If the person took the gun away , and then took the gun and shot his attacker, that might result in a charge.
If the person tried to get the gun , because he felt he was abouut to be shot, and in the struggle the gun went off , and that attacker died, then if there were witnesses that said that , the person is unlikely to be charged.
I think the prosecuter can file papers with a judge, explaining his reasons not to charge the person , and get a judge to give his opinion , but I am not sure about that.
2007-02-23 17:34:46 · answer #2 · answered by mark 6 · 0⤊ 0⤋
Killing in defense of your own life or anothers' is not a crime. But you may have to prove that it WAS self-defense, depending upon the circumstances. The person will probably be arrested but released without bail, the police will gather evidence. It will be up to the District Attorney to decide if charges will be dropped or if they will go ahead with a trial for one of the various levels of murder.
But it's all very circumstantial. For example, if a person pulls a gun on you, and you fight him but during the fight the gun goes off and he dies, that's self-defense. If he pulls a gun on you, you take it from him, and he stops fighting but you shoot him anyway, it's second-degree murder. If he pulls a gun, you fight, you get the gun, but he keeps on fighting trying to get the gun back, then it's probably self-defense even if you shoot him, since that might be the only way to prevent him from getting the gun back and shooting you with it.
2007-02-23 17:32:47 · answer #3 · answered by Chredon 5 · 0⤊ 0⤋
There is no such thing as murder in self-defense. If it is ruled to be self-defense, then it isn't murder. Homocide is the term used for a death at the hands of another person. That homocide can be ruled to be justified (e.g. in self defense), accidental (e.g. manslaughter) or intentional (first or second degree murder).
A district attorney or grand jury can decide it is self-defense and choose to not file charges. (no punishment) Or if charges are brought, the defense can argue that it was self-defense and use that as a strategy to win an acquital (no punishment).
2007-02-23 17:28:22 · answer #4 · answered by Anonymous · 2⤊ 0⤋
Murder, itself implies a criminal act... No way that an action taken to prevent your own death would be classified as a murder. No crime, no punishment.
There would be a full investigation to determine that status though. Only a lunatic DA would try to bring charges in such a case (Nyfong of the alleged Duke rape case)
2007-02-23 17:31:51 · answer #5 · answered by Blitzpup 5 · 0⤊ 0⤋
there is a trial to determine if the killing really was done in self defense. if it was then they go free, if not and the defender turned into the attacker then they are punished
2007-02-23 17:33:22 · answer #6 · answered by god_of_the_accursed 6 · 0⤊ 0⤋
It would be fully investigated by all police detectives and technicians. But, the scenario you give, is reasonable cause for self-defense. Pathetically, even a drug dealer being robbed and kidnapped has this right....this sh-it is fkd.
2007-02-23 17:26:40 · answer #7 · answered by Anonymous · 0⤊ 0⤋
That's not murder. It's called justifiable homicide and is an affirmative defense resulting in acquittal if successful.
2007-02-23 17:55:11 · answer #8 · answered by Anonymous · 0⤊ 0⤋
If it can be proven as you say that there was no other way then no, there is no punishment in any Western nation's law system.
2007-02-23 17:25:49 · answer #9 · answered by Blitzhund 4 · 0⤊ 0⤋
No, it's self defense.
2007-02-23 17:25:31 · answer #10 · answered by rustybones 6 · 0⤊ 0⤋