Is it self-defence if an inmate, on day of execution, kills his executioner?
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P.Error — 3 years ago(November 17, 2022 07:00 AM)
Ok let me rephrase: is he justified?
Knowing you, you're going to opt out of this one.
Ok, you're sentenced to death; for good measure, we'll say it's for a crime you didn't commit.
You're strapped the gurney about to be injected. You notice the guard did not strap the belts properly. You're free to move about, but you disguise this fact until the coast is clear.
There's nothing you can do legally at this point that will help you get out of thid such as trying your innocence; you could have DNA evidence in your pocket and it won't help you. In sports, this is what you call a non-reviewable play. They may find out you're innocent later, but they still have to kill you today.
What do?
Do you:
-willingly allow them to kill you, because you respect our judicial system, even though they got it wrong this time.
-take whatever opportunity to run out the door and escape, knowing you will have to kill at least one person in the room to do that.
What do, MoveMan?
Please don't opt out of this. Seriously tell me what you would do in this situation?
Never lose your desire. -
MovieManCin2 — 3 years ago(November 18, 2022 06:05 AM)
That is a
totally different
question. In this situation obviously I would try to escape. Self preservation.
Duh.
MAGA! FAFO!
Schrodinger's Cat walks into a bar, and doesn't. Dumbocraps: evil people who celebrate murder. 
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MovieManCin2 — 3 years ago(November 18, 2022 06:47 AM)
No it's about
you,
a poster so cowardly that he/she hides behind the /. persona. So go ahead and answer the question, coward.
MAGA! FAFO! Schrodinger's Cat walks into a bar, and doesn't. Dumbocraps: evil people who celebrate murder. -
WarrenPeace — 3 years ago(November 17, 2022 08:23 AM)
This is a good question and here is my answer to this…
"The question is whether the law will recognise it as such."
From the reading I have done on prisons in America, I believe the laws and the Constitution as it applies to those of us who are free would not ever apply to prisoners.
Since this is a prisoner and not a free man, he would go back onto trial for murder and I doubt any jury would acquit him for self defense.
As for your example of the bailiff having a gun, the guards in American prisons do not carry guns for that reason.
"Please vote to preserve the unique character of Warren…" - Robert Duvall -
P.Error — 3 years ago(November 17, 2022 09:57 AM)
From the reading I have done on prisons in America, I believe the laws and the Constitution as it applies to those of us who are free would not ever apply to prisoners.
Since this is a prisoner and not a free man, he would go back onto trial for murder and I doubt any jury would acquit him for self defense.
They can't charge him for murder for that reason. If he loses the right to defend himself then he can't charged with a crime.
Never lose your desire. -
WarrenPeace — 3 years ago(November 17, 2022 03:46 PM)
Execution is legal killing so I don't see how they would recognize that as self defense.
This is a man who was already convicted of murder who kills again so I don't see how a jury is going to be non biased towards him.
I think the only chance or way they might see what he does as self defense is if he killed another inmate in defending himself.
When someone kills another associated with law enforcement, that is hardly ever or never seen as self defense.
Cops can kill us from a mistake and get away with it but not the other way around.
I get where you are coming from with this question and I am against the death penalty, which is murder and wrong.
From my layman legal opinion, I don't think the authorities would see this as self defense.
"Please vote to preserve the unique character of Warren…" - Robert Duvall -
TaraDeS — 3 years ago(November 17, 2022 05:43 PM)
by WarrenPeace November 17, 2022 04:46 PM
Member since October 19, 2021
Execution is legal killing so I don't see how they would recognize that as self defense.
This is a man who was already convicted of murder who kills again so I don't see how a jury is going to be non biased towards him.
I think the only chance or way they might see what he does as self defense is if he killed another inmate in defending himself.
When someone kills another associated with law enforcement, that is hardly ever or never seen as self defense.
Cops can kill us from a mistake and get away with it but not the other way around.
I get where you are coming from with this question and I am against the death penalty, which is murder and wrong.
From my layman legal opinion, I don't think the authorities would see this as self defense.
Nope, execution is NOT
"legal killing"
.
Executions violate Human Rights. -
ToastedCheese — 3 years ago(November 18, 2022 09:03 AM)
Since this is a prisoner and not a free man, he would go back onto trial for murder and I doubt any jury would acquit him for self defense.
The law can't recognize its own ass at times, especially when it comes down to executions and sentencing prisoners to die.
And you can bet your own ass, that if a scenario was to come about like in the OP or even yours, it would get covered up big time. It would bring up the contradictions of the law regarding the death sentence and human rights. This is why a majority of civilized countries have done away with the death penalty, because it's recognized as a flaw in the basic right to ones own individual human life.
Of course the US has to be an ass clown about it.
Norman! What did you put in my tea? -
WarrenPeace — 3 years ago(November 18, 2022 02:59 PM)
Good points and no disagreement from me.
Another thing about the execution that no ever brings up or wants to think about is that the executioner himself is a murderer.
The only difference is the state or the country lets him get away with it.
While legally it is right, though it should not be, morally it is wrong.
If there is an afterlife then he will probably have to answer for the act of killing helpless men and women.
He who is without sin cast the first stone, kinda thing.
"Please vote to preserve the unique character of Warren…" - Robert Duvall