[quote]
BostonBarrister wrote:
Could any guy really tell me he wouldn’t kill someone who raped and beat his daughter?
Varqanir wrote:
Not if he is an honest man.
Tell me, Boston: how much do laws concerning the concept of “justifiable homicide” vary throughout the United States? I do know that laws in Oklahoma and Colorado allow the use of force, including deadly force, in defending one’s home, but I imagine this is not the case in all states. [/quote]
It’s a rather complex area. Justifiable homicide almost invariably involves real-time defense of self or others. Juries, however, have been known to nullify the application of laws to people who “needed killin’.”
Also, even with self defense, you need to only use “reasonable force.” And generally, you have a duty to retreat from a confrontation if you can do so safely - this duty to retreat applies to self defense mostly, not to defense of others, but I suppose it could be problematic if you punched someone for verbally threatening someone else.
Many states do have “castle exceptions” to the duty of retreat – a “man’s home is his castle” and he does not have to retreat from an intruder to invoke self defense.
[quote]Varqanir wrote:
In the example of the father killing a man who has beat and raped his daughter, I assume that one may legally kill the bastard only while he is in flagrante delecto, but not post facto. In other words, once he’s done fucking and beating your daughter, if he runs away, you can’t chase him down and shoot him. Is this the case in all states? [/quote]
Pretty much. I’d need to check on Texas. =-)
[quote]Varqanir wrote:
And what about killing to prevent a rape? Or a robbery, or a carjacking?[/quote]
The problem there is in application of deadly force to something you’re assuming might happen. You’d need to prove it to a jury – and you’d probably also run afoul of a requirement to use “reasonable” force if you shot someone rather than just pointing the gun at him and ordering him to do something. I’m sure we could create a hypothetical in which it would be permissible to use lethal force to prevent a non-lethal crime, but it would be tough.
Remember – “self defense” is an affirmative defense. Thus, the burden of proof to demonstrate the facts that justify use of self defense is on the person who used the deadly force.