should u be charged with murder if some 1 kills a person. points a gun at u and makes u help hide the body ?

Question

say u and 3 others are at ur house a fight breaks out , a person points a gun at ur younger brother and u hit him andknock him to the floor and kick the gun away from him , and another person comes into the room and starts to fight the guy and chokes the guy who pointed the gun and ends up killing him. then pulls the gun on the other three and makes them help hide the body by threatening to kill them or their familys if the say anything to any one , should those three people be charged with murder? tampering with evidence? and conspiracy to tamper wit evidence. the three others had their lives and the lives of their family threatend by this guy and they just witnessed him killing someone else? what would u do? would u talk or not?

thank u all for your answers this confrims my thoughts exactly!!!!!! and to molly no unfortunatly this is not hypothical . this is a true case . both my boys are facing this along with a young girl . the man who did this is 23yrs old and my two boys are 18 and 19. the young lady is 14.. . neither one of my sons have ever been in trouble with the law., both are fine good men who just graduated from high school getting ready to head to college. and now their lives are at risk.......... their pregnant sister and 2 nephews who lived next door to them where the ones who this guy threated to kill so i understand them not saying anything,my youngest son is legally blind . and he may weight only 135 pounds.so what real harm could he have caused, my 19 yr old omg hes such a careing devoted brother.who couldnt harm another human . much less be a willing party to murdering another person .this young lady unfortuantly got missed up sexually with the 23 yr old.who has a criminal record.

Answer 1

Other than actual murder, actions under duress are a complete affirmative defense.

However, the fact that you initially fought the attacker/victim prior to his murder would be questioned if the matter went to trial.

It is best to hire an attorney in these matters.

Good luck!

Answer 2

If it happened exactly according to those facts, the three people who were initially threatened cannot be charged with murder, because they did not participate in the commission or assist. If they are charged with evidence tampering, they are excused by self defense - they did it because they were in immediate fear for their life. So if they are being charged with these crimes, the state must think there are additional facts that point to their guilt. For example, the person who murdered may be accusing them of participating. Finally, it also depends what they were doing. If they were just watching TV, then that analysis stands. If they were in the process off committing a felony (why did this guy pull a gun?) - then everybody is guilty of murder even if they did not directly participate - the so called "felony murder rule." It sounds like these three people need a good attorney as soon as possible.

Answer 3

First of all, you have to determine whether reasonable force was used to disarm and disable the guy who originally pulled the gun. Was it necessary to kill him or was he sufficiently neutralized before he was shot.

Second, if someone forces you to assist in covering up a murder, you are not responsible in the eyes of the law. You have to determine whether you had a legitimate reason to believe you would be harmed if you didn't assist. If the guy points a gun at you and tells you to help him, you're not an accessory to the crime. The guy pointing the gun at you could actually be charged with kidnapping if he forced you to leave the room or the building while hiding the body.

Another case solved by Brock Manhunter.

Answer 4

Frankly, this is a very complicated ethical question. In this scenario, I would take the path where I would expect the least harm to come to me. For example, if i "talk"ed, would the person really be able to kill me and/or family? if yes, i wouldn't talk. would the police actually be willing to give me and my family the right protection? if no, i wouldn't talk.
But for the legal matter, even if you were charged, assuming that you obtain a fair trial, you should be able to plead that there was no mens rea becuase you were coerced against your will into helping hide the body. Testimony of the other two people who were coerced would help to clear your (and their) names of that particular charge. Of course, this is assuming a fair trial and a neutral judge and jury (not possible in many countries depending on race, money, etc.)

Answer 5

No. However if someone points a gun at you and orders you to kill someone, you can be charged with murder for obeying them even if you were under threat of death. In most states anyway.

Answer 6

If you are being coerced under threat of bodily harm by a gun wielding murderer, you are a victim, not a criminal. Then again we are not all millionairesses like Patty Hearst, so the ruled may have changed.

Answer 7

Umm, the persons assisting were doing so as a result of exigent circumstances, I would see that during the investigation and they would not be charged with anything. The person that coerced them into doing the action would subsequently be charged with more crimes (not that its a problem if they get murder 1st)!

Answer 8

i heard now a days no matter what if you are in that situation your still going to be charged with murder. unless they want to stretch out the case for the next 10 years and try to prove otherwise. I'd just hope that never has to happen to anyone

Answer 9

You have an affirmative defense for murder, that means the state must prove you where not forced into aiding the killer in helping.

It's a greater burden on the state to prove the case.

Answer 10

They wouldn't be charged with murder as they didn't do the killing. Yes, I would talk - who wants to be intimidated into silence by a nut job? How defeatist