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Let's say person A was stabbed by person B, but it was self defense because person B pulled out a knife first. Do the police have the right to arrest person A?? If so, under what evidence?

2007-03-24 20:22:57 · 9 answers · asked by whatever123 2 in Politics & Government Law Enforcement & Police

the police can't just arrest anyone without evidence. What kind of evidence do they need?

2007-03-24 20:31:40 · update #1

"Attempted murder is when you have the intention of killing someone, but are unsuccessful. You have the right to counter with equal force to defend yourself. So, if person B only pulled a knife, and didn't actually attack person A, then person A is not allowed to stab person B. "
- so are you saying you can only stab someone after you get stabbed yourself..? isn't that a bit ridiculous.

2007-03-24 20:33:23 · update #2

9 answers

they arrest both for assault with a deadly weapon. as for attempted murder, that is someone tries to kill someone else but does not succeed

2007-03-24 20:28:25 · answer #1 · answered by plhudson01 6 · 0 0

The law itself is designed with the theory of protection of citizens and justice for all. The law says that if your life is threatened by another you have the right to defend yourself.Then it gets a little gray.
It has the premise that if you injure someone while they are trying to harm you , you have it's support, but if there was the opportunity for you to distance yourself from the situation then it is your obligation to do so.
In the situation with the knife: Did the other person actually have a knife? Did the other person lunge at you with the knife? Could you have gotten out of harm's way to call the police for assistance? Did you just take the law into your own hands? Was there a physical struggle that took place and then the stabbing came from that struggle?Could you have subdued this individual without stabbing him/her? Were you in direct fear for your life?
An arrest would come about if the situation had a suspicious look .The arrest would come about to detain the victor, or both to discover what really happened. You have to ask yourself the questions that you know the police will ask. Could this stabbing have been avoided, and the maliciousness of the stabbing , was that amount of force necessary? Do they have the legal right? Yes. Based on my prior statements. They need to discern the details of the incident. They will arrest/or at the least suspend their own if they fell that an investigation is warranted.On that note, they have a job to do and it's not always just black and white. We sometimes wish it were, but what things are not always the way they appear to be.
Attempted Murder is when there is clear evidence that someone's life was in mortal danger. In other words, the odds of survival were not in their favor. Someone committed an offense with the thought of taking someone's life. Weather or not it was a successful attempt, is not relevant. Evaluate all situations an actions before you comit yourself. If you practice
analization of situations, it eventually becomes second nature.

2007-03-25 04:05:00 · answer #2 · answered by concerned 1 · 0 1

Attempted murder is when you have the intention of killing someone, but are unsuccessful. You have the right to counter with equal force to defend yourself. So, if person B only pulled a knife, and didn't actually attack person A, then person A is not allowed to stab person B.

2007-03-24 20:31:48 · answer #3 · answered by DOOM 7 · 0 1

"Attempt" :A person commits an offense if, with specific intent to commit an offense, he does an act amounting to more than mere preparation that tends but fails to effect the commission of the offense intended.
The key word is "mere preparation"
So, yes he can get arrested and prove in court that he used force in self defense.

2007-03-24 20:46:55 · answer #4 · answered by pete 2 · 0 1

where did person A get the knife? what ere the circumstances that led up to the incident? were there minors involved? too many ambiguities for definitive answer, methinks. Anyways, good luck

2007-03-24 20:31:35 · answer #5 · answered by vancup2003 2 · 0 1

It's trying to kill someone and failing. In other words you're a bone head and deserve prison.

2007-03-24 22:20:14 · answer #6 · answered by Anonymous · 0 0

Your little sanero doesn't make any sense. You should proof read your question first. To answer your question it is an attempt to commit murder ie. kill someone that didn't kill.

2007-03-24 20:32:48 · answer #7 · answered by crusinthru 6 · 0 1

you will be arrested and held on $50,000 until after the grand jury looks at the case

2007-03-24 20:30:07 · answer #8 · answered by cashville_con 3 · 0 1

Partial success.

2007-03-24 20:25:54 · answer #9 · answered by Anonymous · 0 1

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