Saturday, May 15, 2010

If you can kill someone legally in self defense?

My 17 year old son and I were having a discussion about self defense. He said that under no circumstance is it legal to kill someone even if it is self defense. I said that I think that if you feel without a doubt that you or one of your family is in danger of being killed and that there is no alternative that you can kill someone in self defense.|||It is legal if it is self defense, it is moral as well.

Try not too but if it does happen it is legal.

Also, if it is an accident it is %26quot;legal%26quot;, you may get charged with manslaughter or something like that but it isn%26#039;t murder.

Murder is illegal and immoral.|||Yes. Unfortunately, you have to prove it was self defense. Sometimes difficult to do.|||Your son doesn%26#039;t know jack. Of course you can kill in self defense, this is America not England.|||ok, you can kill someone if they%26#039;re breaking into your house or harm your family.

BUT....what you have to remember is you always have to try to just injure the assailant. not kill him. you can get in big trouble if you do.

but self defense? like bullying in school? cannot kill that person %26quot;in self defense%26quot; you will be brought to court. rules are you are supposed to take 2 hits before fighting back. and...once the person is down...or like hurt. make a run. if you continue the beatdown. you will get in trouble for murder.

because no one will really know what went on, and you can probably spend the rest of your life in jail.

but if someone braeks into your house with bad intentions. there%26#039;s proof that he is about to rob you and your family or cause harm.

edit: and yeah about self defense. it says in rules and all, once he%26#039;s down. make a run. not beat the sh!t out of him until he dies. that%26#039;s manslaughter.|||Absolutely legal to kill in self defense.

Various states have varying rules about it, some require you to retreat as far as possible then use lethal force, others have the castle doctrine.

There are NO laws that require you to to injure or %26#039;just wing him%26#039;. If you are at a point where you feel it is their life or your life, then kill them.

Tell your son you win again...:)|||Laws vary in each state, and you would have to prove that it was self-defense either to the police, the prosecutor or possibly the jury. Check the law for your state.|||Yes it is legal, as long as you don%26#039;t go overboard and do a Mortal Kombat-style fatality. Just make sure the aggressor is a danger to you. If someone walks into my apartment unannounced with the intention of harm, they are leaving feet-first.|||I think your answer is right. Some states have the Make My Day law. That is where you can kill anyone who breaks into your home. I don%26#039;t know which states have that law. It is confusing with self-defense. Where do you draw line?|||There%26#039;s many variables to consider and the first is the state you live in.

BUT, in general, if you kill someone because you had a reasonable belief they were going to do bodily harm or kill you, you can use the %26#039;self defense%26#039; justification defense.

Generally, the following are required to use the self defense claim:

1. The defendant is the victim of an unlawful attack,

2. The defendant did not provoke the attack,

3. The defendant reasonably believes that he or she is in imminent danger of bodily harm,

4. The defendant uses only the amount of force needed to repel the attack|||Yes, but you have to prove your liked was in danger|||it all depends... dead people dont talk... but dont forget about the family of those who you killed... the will want what they may or may not deserve|||Your son is incorrect.

It is that simple.

If you feel that your life is in danger, the attacker has the intent, and the capability to kill you, then you have the right to defend yourself, even if it includes taking their life.|||Under the Criminal Code, one can only use the force required to defend himself. The force used cannot be intended to cause death or grievous bodily harm.

Self defence that causes death or grievous bodily harm is justified if the victim being assaulted believes the intention of the assaulter is to cause death or grievous bodily harm and the victim reasonably believes he has no other options for self defence.

No comments:

Post a Comment