Are you guilty if you murder someone for self-defense?

TheLivingZilch

Are you guilty if you murder someone for self-defense?

For example, say there was a guy pointing a gun at you and asking for your money or whatever. You find a knife and stab him in the neck with it, setting you freeof his threat. Although HIS fingers prints are the only ones on the gun, would you still serve time for murder?

(And no, this did not happen to me.)

This open post was written 11 months, 2 weeks ago | V/U/S: 1,260, 12, 8 | Edit Post | Leave a reply | Report Post

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Kanabi 1 #
An Undisclosed Location | 11 months, 2 weeks ago (1 minute after post)

Eh. Kinda….there has to be resonable evidence saying that he was GOING to shoot the gun and that you were acting in self defense. Its all quite difficult really.

Help me with: Haven’t been on lately….

TheLivingZilch 8 #
Allentown, PA, US | 11 months, 2 weeks ago (4 minutes after post)

Oh yeah…they could look at it as YOU threatening him and him about to shoot in HIS self-defense. But if you have like a wallet or purse and he has nothing but a coat, it’s quite obvious who was threatening the other person for something.

Kwstar 2 #
An Undisclosed Location | 11 months, 2 weeks ago (6 minutes after post)

I believe killing is wrong no matter what. So you would be guilty for taking another’s life. Even if he was threatening to kill you.

Help me with: i made a promise to myself last night that my self harm would end tonight (last night) but i don’t know how to stop it.

littlenick 126 #
An Undisclosed Location | 11 months, 2 weeks ago (11 minutes after post)

Deadly actions against you require deadly reactions! If you feel that the person was going to kill you at the time and all you did was just defend yourself, then it was all done in self defense if you kill that person. You might not be guilty in the eyes of the law of the land however, your conscience may bother you for a long time!

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CosmicDebris 12 #
An Unknown Location | 11 months, 2 weeks ago (17 minutes after post)

you might have some explaining to do. but it would be self defense

brandondotco #
An Unknown Location | 11 months, 2 weeks ago (24 minutes after post)

Guilty of what? Murder? No. Murder is defined as taking a life with malice or forethought. A better question could be directed to the grey-area of self defense. Here in Canada you can only (currently) defend yourself to the same degree as your attacker. If someone comes at you with a knife, for example, you can stab him to preserve your own life but you could not, say, shoot him. Likewise if someone comes at you in the night and tries to punch you and you hit back killing your attacker you have just committed manslaughter (murder by accident, without forethought of pre-meditation). This is largely different in the United States where legislation on firearms and personal safety is different and you can shoot a man for much less.

Different policies, same crimes. Who’s right, who’s wrong?

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linuxya 15 #
An Undisclosed Location | 11 months, 2 weeks ago (34 minutes after post)

Murder: killing someone with intent (or committing certain crimes with intent and someone dies)

Manslaughter: killing someone without intent

Self-defence: responding with only as much force as is necessary in the circumstances to protect yourself

Help me with: The problem with self serving advice

Kuvri (yodaluv12) 2 #
Kangerlussuaq, 01, GL | 11 months, 2 weeks ago (40 minutes after post)

Unfortunately you probably wouldn’t live in that situation. You don’t die instantly from a stab wound, thus he’d have a few seconds to pull the trigger.

Other people above me already explained the law, so I felt I’d like to add that.

Help me with: We are nearly at a time where most of the world will make a historical decision- what will you decide?

Kuvri (yodaluv12) 2 #
Kangerlussuaq, 01, GL | 11 months, 2 weeks ago (44 minutes after post)

Yes, but that goes haywire sometimes in the US- like where the robber gets hurt in the home he’s breaking into and can sue for damages.

A rule of thumb is that you should only inflict enough force to damage them around the same amount of damage you’d have from the situation (ie you wouldn’t kill someone if they punched you in the face). In the situation the OP gave you’d probably get away with it in the US.

Help me with: We are nearly at a time where most of the world will make a historical decision- what will you decide?

Arnday the Imbroglio 6 #
An Unknown Location | 11 months, 2 weeks ago (13 hours, 27 minutes after post)

yeah theres the problem of reasonable force, I think thats the main clause over here. Which is you can strike back but only as much is as necessary, so say someone attacks you, you can only strike back enough to beat them off, you cant keep going at them on the ground, its all very fuzzy.

Help me with: Thats it!

TheLivingZilch 8 #
Allentown, PA, US | 11 months, 2 weeks ago (18 hours, 10 minutes after post)

Thank you for the replies and I’ve come up with this (based off of my first example): If he points a gun at you and you have hold of a knife, do not stab him in the neck. Instead, stab him in the arm he’s holding the gun with or in the leg.

Although wouldn’t this make him angry and want to shoot you even more? Or what if he pulls the trigger from the pain? Like when you squeeze something to ease a shot’s pain or when giving birth (for women).

2. You threaten him with the knife and he says put the knife away or I’ll shoot. Then what? Also, wouldn’t this be slightly a different situation if you BOTH had guns?

“Unfortunately you probably wouldn’t live in that situation. You don’t die instantly from a stab wound, thus he’d have a few seconds to pull the trigger.”

Very true…goes along with “Although wouldn’t this make him angry and want to shoot you even more?”

cdsopjvoasd #
An Unknown Location | 8 months, 3 weeks ago (2 months, 3 weeks after post)

Kwstar so if some 1 came up 2 u and was pointing a gun at u and u had 1 u would not kill them.. somethings wrong if u would not defend your life.

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