Is it self-defence if an inmate, on day of execution, kills his executioner?
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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. 
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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 -
ToastedCheese — 3 years ago(November 18, 2022 08:52 AM)
That is an interesting scenario and highlights the hypocrisies and absurdities of the legalities surrounding murder/killing when applied to the death penalty.
The bottom line is though, the law has decreed the condemned is to die and all human rights are waived in this respect, which in and of itself is technically illegal. If the dude is to die, and has an opportunity to take out others around the time of death, any notion of self-defense would likely be rendered redundant.
The law claims he no longer has any right to his own life, so he may as well take down as many as he can. Would there be another trial and would this postpone the execution that was supposed to go ahead no matter what….
Norman! What did you put in my tea? -
WarrenPeace — 3 years ago(November 18, 2022 03:04 PM)
I think they would put him on trial just so they could charge, convict and murder him in addition to his latest killing in self defense.
Which of course would make the legal system look hypocritical though I doubt anyone would see it that way since this was a murderer that everyone will be prejudiced towards in the first place.
"Please vote to preserve the unique character of Warren…" - Robert Duvall -
P.Error — 3 years ago(November 19, 2022 04:05 AM)
If the law states he is no longer a person with rights to life, then he cannot be charged with a crime. To charge him with a crime would be to say he has his personhood and can make decisions, which he cannot.
It's the State's responsibility to make sure he doesn't escape and kill him. The inmate isn't expected to cooperate. He's supposed to be restrained. If the inmate escapes and kills, then it'd go down as a "workplace accident" rather than a "murder."
If he is charged with murder, then he has a constitutional right to defend himself.
I do not believe any reasonable jury would convict him of murder for the act of killing a person about to kill him - an act of objective self-defence.
To call this murder would be to say that an inmate, if he is presented an opportunity to escape due to a State mishap, that he must ignore it, and comply, cooperate, and obey the rules, and willingly submit himself to be killed. This would be insanely ludicrous.
First, self-defence is instinctual. Regardless of why the man is in prison, regardless of past events, in the moment where you see someone about to kill someone with a weapon, the law cannot hold someone legally accountable for acting on human instinct, in this case, killing to prevent the person from killing you.
Never lose your desire. -
ToastedCheese — 3 years ago(November 19, 2022 06:18 AM)
First, self-defence is instinctual. Regardless of why the man is in prison, regardless of past events, in the moment where you see someone about to kill someone with a weapon, the law cannot hold someone legally accountable for acting on human instinct, in this case, killing to prevent the person from killing you.
Then there CANNOT be a murder charge, because if he has no rights anymore to his own life, "self-defense" wouldn't then be an aspect of it, as that would have to be part of his defense if there was a charge.
For the justice system to act accordingly to their own interpretation of the law surrounding execution, the guy is technically set to die, (or killed/murdered by the state), as scheduled and only some unforeseen circumstance would delay this.
Norman! What did you put in my tea?