Say you were getting attacked and you fight back and you end up killing the person that attacks you. Should u be charged with murder or just self defense. Do you think that self defense should be considered as murder. How does anyone know that it was self defense, you would be the only witness….
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2007-10-23 03:04:50 · 15 answers · asked by Anonymous in Politics & Government ➔ Law Enforcement & Police
There are several types of Homicide..... Here is what you need to consider:
Capitol Murder: Premeditated and heinous in nature... Gets the death penalty or life in prison.
Second Degree Murder: A death occurs in the commission of a crime or a death occurs criminally that was not premeditated.
Manslaughter: The criminal act of killing another with out intent. This could be due to recklessness or actions that would cause a reasonable person to know their actions could cause serious harm or death.
Justifiable Homicide: Non-criminal act of killing another... such as Self Defense.
So, NO.... If someone is trying to kill me.... and I kill them first, why should I be charged with MURDER?????
Think about it.... In your court, If someone is shooting at me I have only two options:
1. Be killed.
2. Defend myself and kill them... and than get arrested for murder and go to jail or to the gas chamber.
If you really think about it... I think you will see the light and change your mind.
2007-10-23 03:10:50 · answer #1 · answered by Dog Lover 7 · 2⤊ 0⤋
There are limits on self-defense. In some US jurisdictions you cannot simply shoot an intruder in your house, even a burglar. In Virginia for example the law is the homeowner must retreat to the bedroom. Only when the bedroom is entered by an intruder can deadly force be used. Outside of the bedroom the intruder must have a weapon of some kind and constitute a real threat.
Other cases only a reasonable amount of force may be used to protect yourself. For example you cannot lawfully shoot someone for punching you. But this is such a gray area who knows how the district attorney will go or the jury votes.
Best advice is if at all possible run from imminent danger or call the cops. "He who runs away today lives to fight another day!"
2007-10-23 03:16:01 · answer #2 · answered by Philip L 4 · 2⤊ 0⤋
I would imagine if they had a weapon, and you killed them in the scuffle with a blow, then you would not have been using unreasonable force. If you both had weapons, again, as he was the agressor, and he was killed. It would all depend on whether you were considered to have used reasonable force, whether it was an accident, whether you lost control and acted in rage, so many unknowns..
Personally, if someone was in the house, you don't know what they are there for. I believe you should have the right to defend your home to your best ability. If they know that, then the onus is on them, they shouldn't be there. They get what they deserve. Obviously I'm not suggesting we should go around shooting peolpe, there might be an explanation as to why they are there. We should at least try to ascertain what is going on.
2007-10-23 03:15:01 · answer #3 · answered by gandy8158 2 · 1⤊ 0⤋
Self defense should not be murder at all. If someone tries to mug you or breaks into your house you should have the right to do WHATEVER it takes to eliminate the threat. I don't care if the person is climbing back out your window, the prick violated your home and sense of safety and you should be able to put a cap in his a$$ no questions asked. It isnt like good people are attacking you, they are thugs, low lifes etc who will do it again to someone else.
2007-10-23 03:10:43 · answer #4 · answered by Anonymous · 2⤊ 1⤋
UH......NO!!!!
Let's say it's a girl and a man comes along and tries to rape her and she chokes him and he ies that's not concidered a murder it was self defense well at least i dont think that could be considered a murder maybe a justified homocide that's all i can say
{{~-Mz.Dija-~}}
2007-10-23 05:37:51 · answer #5 · answered by -Juss L0VΣly™ 2 · 0⤊ 0⤋
I think you tell the story the way it happened you wouldn't need any other witness. Most likely the person that is attacking you has done it before. If someone attacked you and they died as a result of you protecting yourself then it is definitly not murder.
2007-10-23 03:13:19 · answer #6 · answered by Anonymous · 1⤊ 0⤋
You answer your own question. If it's self defense, it's not murder.
2007-10-23 03:28:56 · answer #7 · answered by .. .this can't be good 5 · 1⤊ 0⤋
If someone attacks you, you have the right to protect yourself. If you have to kill someone to stop the attack... well, they shouldn't have been attacking you, should they? Now, the cops are going to look very closely at the evidence and at who was doing the attacking, but as a general rule, if you feel your life is in danger and you can't get away, you're justified in stopping that danger in whatever way is necessary.
2007-10-23 03:59:18 · answer #8 · answered by triviatm 6 · 1⤊ 0⤋
In UK self defence is a defence against murder, but is tricky ground, you could still be open to a conviction of manslaughter
2007-10-23 03:35:26 · answer #9 · answered by Scouse 7 · 1⤊ 0⤋
Um...no. If you kill someone in self-defense, it is never going to be a murder.
2007-10-23 03:09:43 · answer #10 · answered by R.D. 3 · 2⤊ 0⤋