is it right to kill someone knowing that he is planning to kill you later?? that is in case you don't have a chance to call for help or to escape.... it's just between you and him......
take note, he's not doing anything wrong yet but the thing is you know he will kill you later?? would it be justifiable??
2007-04-19 09:19:48 · 7 answers · asked by pawpawpaw 3 in Politics & Government ➔ Law & Ethics
Pursuant to the law, you cannot kill somone who is contemplating on killing you in the future. The only time you can kill someone is if they intend to kill you immediately.
The doctrine of self defense says that you may use reasonable force against an attacker to protect yourself without incurring criminal or civil charges. For example, if someone is going to punch you in the nose and walk away, you cannot use deadly force. Deadly force can only be used to counteract another deadly force (so-to-speak).
So no, it would not be justifiable because the risk of harm needs to be IMMEDIATE and not based on a future event. Most states also allow the defense of others whereas you may use force to prevent a third party from getting hurt. This, though, is not your question so I'm getting off topic here. LOL
2007-04-19 09:29:48 · answer #1 · answered by Anonymous · 0⤊ 0⤋
No, it would not be justifiable and you would be tried for first degree murder.
You must be in "immanent" danger and in fear of your life in order to kill another person with just cause. Here's a twist on the old just cause when there is a home invasion:
There was a case about 6 months back where a mentally ill man (without provocation) began chasing and attacking a complete stranger in public in broad daylight. While the man who was mentally ill had no weapon he was trying to strangle the other guy who eventually shot him dead. It was justifiable homocide and the man even had a permit to carry the handgun.
Your hypothetical guy has to be doing something wrong in order for you to know he'll kill you later. If he's making threats or causing you to fear for your life in some way you can and should report it to the police. Police can, at their own discretion, pay a visit to the other party.
If there is reason to believe that within the next 24 hours the person is a danger to either you or themselves, they can be involuntarily committed for 72 hours and be forced to undergo a psychological evaluation.
Stalking and harassment laws vary from state to state and should be used whenever you fear for your physical safety and even in cases where someone is not likely to harm you but is intent on harassing you. This would include neighbor disputes, ex-spouses or significant others, etc...
2007-04-19 17:22:33 · answer #2 · answered by Anonymous · 0⤊ 0⤋
Whether or not it is morally right is one thing, but in the eyes of the law it is wrong and you will be charged with murder. Probably even first degree murder because it was premeditated.
A similar issue comes up in the courts with battered women's syndrome and whether it can be used as a defense to murder - so far the courts say no. This is when a woman is battered by her spouse and she is afraid to leave him, but she knows if she stays then he will eventually kill her so she kills him in his sleep or something like that.
These women cannot claim self-defense because there was no imminent threat of substantial bodily injuiry (as the law defines it), so they are on the hook for murder. Even if you knew someone was going to kill you, you couldn't kill them without being on the hook for murder unless they were actually pointing a gun at you or coming at you with some other deadly weapon and you killed them in self-defense.
2007-04-19 16:36:31 · answer #3 · answered by sarah_02_45123 2 · 0⤊ 0⤋
no it would not be justifiable. You would go to jail or perhaps be put to death for something that may or may not happen in the future. The person may be struck by a bus before he had a chance to kill you, so you just never know.
2007-04-19 16:24:54 · answer #4 · answered by Anonymous · 0⤊ 1⤋
Double edged question. Would it be justifiable in a courtroom? Probably not, however, you would be alive to be prosecuted. I for one would rather be alive and be in trouble than be dead.
2007-04-19 16:53:17 · answer #5 · answered by Realgroovy 5 · 0⤊ 0⤋
If you've got evidence to back up that he was going to kill if you didn't kill him first.
2007-04-19 16:24:05 · answer #6 · answered by Anonymous · 0⤊ 1⤋
Your "what if" question assumes no other alternatives. I would notify the police and get out of town.
2007-04-19 16:25:05 · answer #7 · answered by regerugged 7 · 0⤊ 1⤋