If a woman at home shoots and kills someone who she sees breaking into her home, is this voluntary manslaughter? If not, what kind of homocide is it?
2007-07-10 13:43:38 · 9 answers · asked by Koosher 5 in Politics & Government ➔ Law & Ethics
Self defense is exactly that- a defense strategy. What charge would she likely be defending herself from?
2007-07-10 13:50:14 · update #1
The only state in the Union that allows use of deadly force to defend property is Texas. In order for manslaughter to even be a possibility, there must be an emotional upset so great that the reasonable person would be unable to appreciate the difference between right and wrong. I think in what you are describing, manslaughter wont fly. Murder one requires malice aforethought as well as premeditation, so the only other possibility would be muder two. Be careful not to
confuse murder with homicide, because they are not the same. Homicide is just a killing, which in and of itself is not
necessarily actionable. Murder, however, has a specific set of criteria that have to be met. A professor in law school put it this way. All murders are homicides, but not all homicides are murders.
2007-07-10 14:32:04 · answer #1 · answered by Jeffrey V 4 · 0⤊ 0⤋
It's full murder -- the intentional killing of another person.
Voluntary manslaughter is for recklessness, or for murder in the heat of passion or other imperfect defenses.
But, self-defense is an absolute defense -- meaning that a finding of self-defense drops it from murder to acquittal.
2007-07-10 13:47:01 · answer #2 · answered by coragryph 7 · 2⤊ 0⤋
A good lawyer could get her off using the self-defense strategy. In some states, it is legal to shoot someone who invades your home, unless it is an illegal alien.
2007-07-10 13:48:12 · answer #3 · answered by Shane 7 · 1⤊ 0⤋
She is guilty of murder in the eyes of the Lord, one shall not kill. She deliberately and with malice took the life of another with the inability to be a good shot not being an adequate defense but, in America, they call it manslaughter.
2007-07-10 14:06:45 · answer #4 · answered by Anonymous · 0⤊ 2⤋
It would most probably be ruled justifiable homocide (self-defense) and no charges brought.
2007-07-10 15:04:59 · answer #5 · answered by Anonymous · 0⤊ 0⤋
Depends on what state you're in. I'd call it self defense.
2007-07-10 13:46:33 · answer #6 · answered by Anonymous · 1⤊ 0⤋
self defense
2007-07-10 13:46:32 · answer #7 · answered by niblzz 3 · 1⤊ 0⤋
My mother-in-law shot and killed a man who was breaking into her home. She wasn't charged with anything.
2007-07-10 13:46:55 · answer #8 · answered by CHARITY G 7 · 2⤊ 0⤋
If the person was a legitimate threat to her and she was scared for her life, no charges
2007-07-10 13:46:41 · answer #9 · answered by crushinator01 5 · 1⤊ 0⤋