I know this is more of a legal question, but I've come across someone who was sexually assaulted, became angry after it was over, and shot someone who later died. This happened years ago so no they didn't call the police or call someone for help, etc., they just acted out of anger. However they insist they were not shooting to kill, just to injure because of what happened. He has been charged with murder. Wouldn't it be a lesser charge like negligent homicide or manslaughter or something that carried a lesser sentence? This was in Texas if it makes a difference...
2007-09-26 08:03:23 · 10 answers · asked by dreamsasylum 5 in Politics & Government ➔ Law Enforcement & Police
Different states "title" this crime differently than my own. As an example some states may refer to this as Murder 2nd Degree.
My own state refers to this as Manslaughter.
Section 13A-6-3
Manslaughter.
(a) A person commits the crime of manslaughter if:
(1) He recklessly causes the death of another person, or
(2) He causes the death of another person under circumstances that would constitute murder under Section 13A-6-2; except, that he causes the death due to a sudden heat of passion caused by provocation recognized by law, and before a reasonable time for the passion to cool and for reason to reassert itself.
(b) Manslaughter is a Class B felony.
In the State of Texas the offense is Voluntary Manslaughter.
This crime is best explained as the intentional killing of another where the offender did not have a planned or premeditated intent to kill; for example, in the heat of passion.
Your friends situation may have been considered differently. If it was considered that there was ample time between the rape and then the resulting "heat of passion," the prosecution may have decided to pursue Murder charges.
This can also be a ploy to gain the guilty plea on Voluntary Manslaughter charges in a plea agreement.
2007-09-26 08:17:10 · answer #1 · answered by KC V ™ 7 · 1⤊ 1⤋
The amount of time which elapsed between the assault and the shooting would be key. This is really a question for his lawyer to address and look into in a psychological aspect. Also you said "he" was he assaulted by a woman? man? how did it happen at gunpoint? there are alot of questions here is it possible, yes? the jury could also be instructed to consider a lesser charge. All in all though I hope he has a good attorney, anger isn't reqlly a good reason for murder and "I didn't mean to ill when I shot" isn't much of a defense.
2007-09-26 15:14:33 · answer #2 · answered by aceman_822 2 · 0⤊ 0⤋
Yes, that is still murder. Unless the rape victim can articulate that her life was in danger.
As unfair as it seems, self defense laws only permit you to use an equal amount of force for protection. You can not use deady force against someone unless they are using deadlly force on you. Additonally, once the threat is over, your right to defend youself is over.
However, I would expect the prosecuting attorney and the judge to take that into consideration.The problem with your example is it seems the killing happend after the rape. Frame of mind is an important thing... if it was during or immediatley after, I would expect the average person would not be thinking clearly. If it was the next day, frame of mind would not be considered as much.
As far as shooting to injure, no such thing. A gun is a deadly weapon. If you die getting shot in the leg, that is murder. Not reporting it to the police is a bad move too, shows vengence, not justice.
That is a legal opinion, not a personal one... personally I have a hard time feeling sorry for anyone who commits a sex crime.
2007-09-26 15:07:09 · answer #3 · answered by trooper3316 7 · 2⤊ 0⤋
It can be viewed as a crime in the heat of passion which is basically temp. insanity but it specifically covers rape.
EXAMPLE: There was a case a few years back in which a gurl was raped by three men, the father was so upset he went and killed two of the boys. This fell under a crime in the heat of passion and he got a lesser sentence.
HEAT OF PASSION - A mental state provoked by fear, rage, anger or terror that, combined with adequate provocation, is an element of certain crimes like voluntary manslaughter. Provocation, in order to be adequate, must be such as might naturally cause a reasonable person in the passion of the moment to lose self-control and act on impulse and without reflection. The effect is to to act as an extenuating circumstance that can reduce the severity of the crime charged almost like a defense.
2007-09-26 15:17:24 · answer #4 · answered by Frontlineboy86 1 · 1⤊ 0⤋
Talk to a lawyer. You don't need to give the specifics to out your friend.
Since it is Texas, there is a good chance he will die for this crime, just so you know
You only have his word to go on that there was a sexual assaut (and a murder for that matter). Only some of it or none of it may be true. That is whey the police investigate and why there is a trial. The sexual assault may be a ruse to justify what was rally a cold blooded killing, who knows.
Or he may just be bragging - why do you think any of this is true? I can't tell you how many guys I have met in mylife who were "secret Army Rangers" or "CIA" or "Navy Seals". they were all full of it except for the one guy I know who graduated from Annapolis. Perhaps not coincidentally, he was the only one who wasn't telling his story in a bar....
If it is true, somewhere there is a family grieving without closure....think about where your ethics and reposnsibility lie...
2007-09-26 15:36:55 · answer #5 · answered by Barry C 6 · 0⤊ 1⤋
murder has to have a motive, if it's done in the heat of the moment I think it's manslaughter. And Texas does make a difference to an extent.
2007-09-26 15:11:45 · answer #6 · answered by =^..^= kittie_kaat☺ 3 · 0⤊ 0⤋
.That is one of those situations that totally depend on the discretion of the local prosecutor to bring charges or not. Usually it will fall to a grand jury to decide whether to indict on murder.
And then, if an indictment is brought it comes down to a jury, which may or may not be sympathetic to vigilante-ism.
No cut and dried answer.
2007-09-26 15:14:26 · answer #7 · answered by Anonymous · 0⤊ 0⤋
It would have all had to happen at one time otherwise it would be first degree murder,
t-insanity might be the only out,
but if there was a money tie in it's over for them.
2007-09-26 15:08:45 · answer #8 · answered by Anonymous · 0⤊ 0⤋
It depends on who`s doing the "considering" . The law might view it as murder , but many people , myself included , would consider it "justifiable homicide" .
2007-09-26 15:09:24 · answer #9 · answered by Anonymous · 0⤊ 1⤋
yes
2007-09-26 15:20:38 · answer #10 · answered by getsome86 3 · 0⤊ 1⤋