is this murder or justifiable murder?

Question

if my friend is getting attacked by someone and i have a gun and i shoot the guy attacking my friend..what would it be passed as

Answer 1

Shoot the guy in his balls and let him live.
Then he'll wish you murdered him.

Answer 2

You had better be right in your decision to use deadly force.

If the attacker and your friend are simply trading a few punches, you can intervene to stop the fight, but you certainly can not shoot the attacker.

If the attacker is using a weapon on your unarmed friend, say a club or knife, then you can use deadly force.

If the attacker is using a weapon and your friend is also armed, then the decision gets real dicey. You shoot him and it is conceivable that you and your friend get charged with murder.

If the attacker had knocked your friend to the ground and is kicking and stomping him, then you MIGHT be justified in shooting him. Could you have stopped the assault with the mere threat of the gun, could you have simply pushed the attacker away, etc?

You must be able to justify any use of deadly force. Since butt kickings are a part of life, that alone is not sufficient justification for the use of deadly force.

Police go through endless hours of "shoot, no shoot" training. And, still, they make errors. However, they are usually in a better position to explain their decision to use deadly force.

Deadly force is one of those decisions that, right or wrong, will always be second guessed.

Answer 3

Need more information to give a good answer, but it will depend on several things... most importantly, the local laws. In Texas, deadly force is authorized to protect someone else if:
(1) You would be authorized to use deadly force to protect yourself if you were in the other person's place.
-- and --
(2) You believe that the person requires immediate assistance.

In almost all circumstances, you (or in this case, the victim) are required to flee if possible. Also, deadly force is not authorized to prevent just any old attack (If you punch me in the nose, I can't shoot you just because you attacked me).

Laws vary, but in general, deadly force would not be authorized unless you felt that the person being attacked was in danger of being killed (in Texas, deadly force is also authorized to prevent sexual assault/rape).

Shooting someone in self defense (or defense of another) is a very serious matter and opens you up to a lot of potential criminal and civil liability. Even if a shooting is ruled as justified self defense in the criminal courts, you can still be sued in civil court.

Answer 4

Murder. Not first degree but murder. But that depends on the circumstances. Did you try to save your friend with non life-threatening means? Did you attempt to call for help? Did you and your friend try to run or get away? Did the attacker have a gun or other life-threatening weapon? If you automatically pulled your gun and shot without prevocation or just means then it would be murder. Not pre-meditated, first degree murder, but murder none-the-less.

Answer 5

It depends on how your friend was being attacked. You are allowed to use deadly physical force if you or a third party (your friend in this case) are in immediate danger of death or serious physical injury. If the attacker has no weapon, then you really cannot justify shooting him.

Answer 6

this is. there became this one case a pair years in the past the place this murderer have been given right into a 2d grade college room, and killed all of them. He have been given sentenced to basically 35 years in prison. on is far out of the courthouse the father of one of the ladies shot the murderer. the father have been given 50 years. how incorrect with that. so definite i think of homicide could be justifiable. if someones completed something that could basically be dealt with by using dying.

Answer 7

Your terminology is incorrect when you use the word "murder". Murder by definition is the unlawful killing of a person.

From Wiki: "Murder is the unlawful killing of a human being with "malice aforethought." The element of malice aforethought can be satisfied by an intentional killing, which is considered express malice."

http://en.wikipedia.org/wiki/Murder

Most states allow for the taking of a human life with justified means. In Illinois, the justification for use of force is as follows:

(720 ILCS 5/7-1)
Sec. 7-1. Use of force in defense of person.
A person is justified in the use of force against another when and to the extent that he reasonably believes that such conduct is necessary to defend himself or another against such other's imminent use of unlawful force. However, he is justified in the use of force which is intended or likely to cause death or great bodily harm only if he reasonably believes that such force is necessary to prevent imminent death or great bodily harm to himself or another, or the commission of a forcible felony.
(Source: Laws 1961, p. 1983.) ...Link below.....

The use of a gun is always considered force which is likely to cause death or great bodily harm.

Hope this helps.

Answer 8

That all depends, was his life in mortal danger? Plus, most states have passed laws that make protection of others a case of murder. Self defense looks like it may go that way too.

Answer 9

You're too vague.
You're friend is being attacked (how?), battery.
You shoot, and kill the person, who is not endangering your life.
You're going away for Murder, plus, you'll probably be sued for violating his civil rights.

Answer 10

In Canada, if your friend was in danger of serious bodily harm or death you could be justified in shooting the attacker in order to stop the threat.

Answer 11

Murder, by definition, IS NOT justifiable. The case you describe sounds like it may qualify as justifiable homicide. Homicide refers to ANY intentional act that kills a person. Murder requires criminal intent.