If someone hit you and you hit them back with a bat or something and they died would it be murder or self defence because on CSI someone hit a girl and she hit them with a bar 3times and it was murder because supposedly if she had only hit twice it would be self defence??
2007-12-15 07:44:20 · 11 answers · asked by Anonymous in Politics & Government ➔ Law Enforcement & Police
A person my use reasonable force to protect oneself or another from harm.
Example, person slaps you, you cannot then pull a gun and shoot them. Person is strangling you and you cannot break free, you can shoot them.
Your example-Woman is attacked and woman is struck and threat continues. Attacker is much stronger man. She grabs a bat and hits him in the arm and he keeps coming, good so far, as he comes at her again, she hits him in the side of his head and knocks him cold. Good so far. Now she stands there a moment and decides to finish what she started and really bashes his head in. Murder. The threat was over.
2007-12-15 08:22:39 · answer #1 · answered by Songbyrd JPA ✡ 7 · 1⤊ 0⤋
This is a popular question in real life....
I once handled an actual case where a big drunk construction worker was being a jerk on a commuter bus returning from NYC. He was giving someone a hard time so another much smaller guy stood up and confronted him in the aisle.
The big took a swing at him. The smaller guy blocked with one arm and whipped out a knife (it was his belt buckle) with the other hand. While blocking with the left arm he stabbed the big drunk jerk right in the neck.
The guy almost died. Definately suffered terrible injuries. Now the big guy was drunk, disorderly, and confrontational... some would say he deserved what he got. Some would say the little guy was innocent by self defense.
The little guy got arrested. And went to jail for a long time.
Factors to consider: Did the little guy try to call police to report the big guy? (they could have been at the bus stop waiting when it pulled up) No, he did not. Did the little guy use the LEAST force necessary to defend himself? No... arguable, but no. Did the little guy really need to stand up and confront the guy? No. There are many other factors....
The moral of the story is that if you are willing to commit an action that could be LETHAL to another human being you better be REALLY sure that there is no other option and that it is justified.... If you are usure - even a little - retreat and you can both live for another day.
2007-12-15 10:14:55 · answer #2 · answered by Bob 3 · 0⤊ 0⤋
If your friends tried to jump a guy (12 to 1) and were shot, good! How could you ask that question? First off, you've left off the first part of the story - the part where his life was threatened which would explain the remark. Personally, I can't think of any one individual, I do not care how low their IQ is, that would deliberately walk up to a group of 12 people looking to provoke a fight unless they were suicidal. The fact that he used a gun to defend himself - not suicidal. I hope your so called friends go to jail, and he will get self defense. In the mean time, start looking for better friends, because your current friends are going to land you in jail or the morgue. Do you really want to go there? Is it worth it?
2016-05-24 02:34:58 · answer #3 · answered by ? 3 · 0⤊ 0⤋
CSI is a TV show. Understand that yes, at a certain point it goes beyond self defense. I should also point out that hitting someone with a weapon for punching you takes the label of self defense out of the equation.
2007-12-15 07:52:20 · answer #4 · answered by JW.C 6 · 0⤊ 0⤋
Murder.............
You can only use enough force as to stop your attacker. When the point comes that you are the aggressor, you also are guilty of assault.
Whack someone with a bat three times in a fist fight, you be going to jail
2007-12-15 08:43:42 · answer #5 · answered by tallerfella 7 · 0⤊ 0⤋
depends. If it takes hitting them 3 times before they cannot hurt you anymore then self defense. It it took two and the 3rd killed him then possibly murder.
2007-12-15 07:51:21 · answer #6 · answered by aggie0611 2 · 0⤊ 0⤋
Well this is really a touchy subject if you hit them with once and the person is afterward unable to defend themself and she keeps hitting him/her then thats murder. If the person stops when the person is unable to defend themselves then thats selfdefence.
2007-12-15 07:50:39 · answer #7 · answered by A concerned citizen 3 · 1⤊ 0⤋
It depends. I would say self defense because if someone touched you , you should have the right to beat the $*!? out of them but not kill them.
2007-12-15 08:12:46 · answer #8 · answered by looneytune97 2 · 0⤊ 0⤋
Sounds right.
To simplify it to the max, once the threat is neutralized you must stop hitting.
2007-12-15 07:46:59 · answer #9 · answered by California Street Cop 6 · 2⤊ 0⤋
Depends on intent. If they had a weapon then it is open season..swing away...
2007-12-15 07:48:07 · answer #10 · answered by Anonymous · 0⤊ 0⤋