Killing Somebody In Self Defence

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  • Killing Somebody In Self Defence

    If you kill somebody in self defence, can you still be tried for murder? And if so, what kind of sentence are you looking at?

  • #2
    Re: Killing Somebody In Self Defence

    Very interesting. Thanks!

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    • #3
      Re: Killing Somebody In Self Defence

      The first big factor is the circumstances of the incident. The second is the philosophy of the prosecutor.

      If circumstances appear to make everything a reasonable self-defense, then it is unlikely that any charges would be filed at all in some states. Other states and some prosecutors may file manslaughter charges which carry a short prison time compared to murder (a pre-meditated crime).

      If the story-line you are contemplating involves a lot of publicity, I would say that public opinion of the killing is likely to influence how it is handled in the court system.


      R.O.T.

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      • #4
        Re: Killing Somebody In Self Defence

        In Texas I believe you can shoot somebody, even if they just step into your house. Yeah, from the South, love them shootin' 'em before they talk mentality!

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        • #5
          Re: Killing Somebody In Self Defence

          I think there's a lot to the old saying "I'd rather be judged by 12 men than carried by six".

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          • #6
            Re: Killing Somebody In Self Defence

            I think there's a lot to the idea of living in Texas.

            Bang! Bang!

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            • #7
              Re: Killing Somebody In Self Defence

              But if you're curious about the law where you live, there's only one way to find out. \/
              The end is too damn nigh.

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              • #8
                Re: Killing Somebody In Self Defence

                I think intent is 90% of the law-even in Texas.

                I'm just wondering if there is a dead body in your screenplay or on your livingroom floor.
                But this wily god never discloses even to the skillful questioner the whole content of his wisdom.

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                • #9
                  Re: Killing Somebody In Self Defence

                  Originally posted by VanekSF1
                  The only intent you need is to make sure they're dead...
                  is that the whole, so you can't be sued by a dead man theory?
                  But this wily god never discloses even to the skillful questioner the whole content of his wisdom.

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                  • #10
                    Re: Killing Somebody In Self Defence

                    Originally posted by reddery View Post
                    I'm just wondering if there is a dead body in your screenplay or on your livingroom floor.
                    More like out in the back, buried under five foot of Earth.

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                    • #11
                      Re: Killing Somebody In Self Defence

                      A great resource is the show THE FIRST 48 on A&E. Actual homicide
                      detectives on actual cases with real footage of everything from the
                      body on the sidewalk to actual interrogations. I'm an addict of the show.

                      There have been a few shows (mostly done in Dallas, Memphis, Miami and
                      Detroit) where shootings were determined to be self-defense. In those
                      cases, the shooter was given a handshake and escorted to the door.

                      If you think about it, if it's self-defense, then why would a prosecutor
                      bring a charge against someone when their odds of winning a court case
                      would pretty much be zero. Even the police would testify against them.

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