By using this site, you agree to our Privacy Policy and our Terms of Use. Close

Forums - General - 78 year old arrested for murder of burglar, *Update: Cleared of all charge but still faces strife,

 

78 year olds self defence stabbing was

Justified. 26 74.29%
 
Unjustified. 3 8.57%
 
Unsure. 6 17.14%
 
Comments, other, me no give a shit... 0 0%
 
Total:35
Mr Puggsly said:
palou said:

I speak of law not as a form of punishment, here, but rather as a deterrent for poor choices. Just as you need to deter the burglar from entering the home, you also need to deter the homeowner from engaging in the incredibly dangerous decision of fighting back against the burglar. In terms of culpability, no, I don't think that the homeowner did anything *bad* by defending himself when he was very justifiably frightened.

You aren't necessarily concerned about your legal rights when somebody breaks into your home and is threatening you with a weapon. At that point you're concerned with your life and perhaps protecting your home.

Essentially, you're asking people to go against their natural instincts by doing nothing and potentially waiting to be murdered.

That's a big part of what the legal system is about, to me... help people make decisions that aren't their first instincts, but ultimately lead to better results, in average.

 

It's also part of what you want to ingrain in the collective conscience. A certain sense of order. Think, for example, Japan - where people refuse to cross a red light, even if there isn't a car in sight - because there is a very strong sense of order. And, I think, indirectly, that also contributes to lower overall criminality, elsewhere. In the same way, I think it would be good to *officially*, as much as possible, present using violence to solve any of your problems, in any circumstance, as a bad thing. And then, let happen what happens if people *do* fall victim to their natural instincts in more extreme cases, with a lenient judge.



Bet with PeH: 

I win if Arms sells over 700 000 units worldwide by the end of 2017.

Bet with WagnerPaiva:

 

I win if Emmanuel Macron wins the french presidential election May 7th 2017.

Around the Network

well, I'm inclined to say the killing was justified, but just in this scenario cuz we are talking aboit a 78 year old man here. I dont buy into the idea that capital punishment is the proper sentence for what this kind of criminals.



contestgamer said:
SuperNova said:

I know, that's what I was trying to say with the '48 stabwounds' thing. Basically if you stab someone to stop them from hurting you, that's not neccessarily with intent to kill. Unless there was eregeous force used it would be hard to prove intent to kill in that situation as well. Seeing that the injured burglar in this case apparently got as far as out on the street before he collapsed, the elderly man was probably not too intent on actually killing him. That's how it read to me at least.

But yeah, everything you said about the arrest makes sense. Thanks!

 

Edit: Also, jeez this thread escalated quickly. Accoring to Contestgamer, instead of being a productive taxpaying member of society I should be an invalid, cared for by my family right now, that is if I survived the public and improptu dismemberment of my arms at age three and five respectively.

Yes, I've shoplifted before. The one at age three was an honest mistake, since I thought my mom had payed for the 3$ heart shaped plastic sunglasses in kid size that I had put on and not taken off when we walked out of the store. The one at age five was the concious theft of a 1$ bubblegum that made me feel so bad that I never did anything of the like again. And that includes succumbing to peer pressure, for the most part.

The people at the tax office were very happy when I came to register my business btw. They like people who actively try to pay taxes.

You were too young for those consequences but at 16 and above there should be a different standard 

You decided to ignore the moral of the story though, and that is that even though people make mistakes and always will, with the right education and help along the way, a lot of them will be able turn themselves around into valuable members of society.

That's not going to happen if you chop their hands off for petty theft, be it at age five or age sixteen. Most societies have realized that a working taxpayer is more valuable than a cripple, a man wasting away in prison or a dead man. That is why contry in particular has a prison system that is targeted towards rehabilitation and protection rather than punishment.

People who are and will remain a danger to society, will remain incarcerated, but everyone else should be helped to reintegrate and become reformed.



contestgamer said:
HigHurtenflurst said:

Exactly, and always should be.

It's no doubt horrible to be arrested for something like this but there should always be an investigation. There can't be an automatic get out of jail just because the person you killed was in your home. It's the intent to kill that matters, and as far as I am concerned intent to steal someones life should always be considered beyond intent to steal someones possessions.

If someone breaks into a home it's perfectly reasonable to deter them (eg brandish a knife, point a gun) and if that person advances on you or threatens you in any way it's perfectly reasonable to defend yourself. If in the process of this you kill the burglar then so be it, it's not murder and I don't think it's manslaughter (not sure on the definition of manslaughter but I imagine there has to be negligence) so there should be no charge.

There has to be an investigation to find out what happened, you can't just take the word of the survivor.

The only investigation that should be needed is whether the the guy tried to burglar your home.

Peh said:
You can't just kill someone because he entered your home. He has to be a thread to your life i.e. trying to kill you, only then in self defense of killing someone by protecting your or the life of others is being justified.

Why not? Maybe that's what the law says in some places, but that doesn't make it right. He took the risk, he gets the consequences.

An investigation is to find out the truth, and from that determine whether a crime is commited.

Let's look at some other possible scenarios:

- Home owner tricks or coerces someone into his home and stabs him to death, claims burglary.
- burglar enters home because they are threatened by another to do so. Home owner finds intruder and chases them out of the house, killing them as they are leaving. This kind of thing happens all the time, using someone vulnerable to do your dirty work when the risk is too great for yourself.
- someone enters your home under immediate threat from something (perhaps they have been attacked but manage to escape and flee to the nearest home in order to find help) home owner kills on site because they suspect burglary.

Capital punishement for minor crimes, and carte blanche get out of jail free cards for killing when it's your property are not indicative of a good justice system, as someone else said in the thread it's rarely so black and white. You don't just suddenly get morals at 16.

Last edited by HigHurtenflurst - on 07 April 2018

John2290 said:
Zkuq said:

Yeah, like I said: It sounds like this particular kill was justified. Of course it also depends on how threatened he was. If he was backed into his kitchen but not threatened beyond that and he attacked after being backed up there despite not being threatened further, killing the burglar seems more than anyone should be allowed to get away with. Of course I don't know the details, but that's one example of a situation where he could probably be found guilty and at least I couldn't really argue about it.

I think however when someone break into your home, armed and in a ramped up mental state that is enough to justify self defence and if that self defense ends in the criminal who entered your home ending up dead then the law should have no right to prosecute. Only if the burgler becomes aware of you and runs, is clearly unarmed or the situation is such that you can call the police without intervening but you still attack should there be case for prosecution and even then the sentence should be lightened heavily, possibly to just house arrest and probation rather than jail time. When someone sets out to commit a crime and they or others get hurt, the blame should always fall with them, especially in home invasion, what is the point of a supposedly free society if you can't protect yourself in your own home from a criminal engaging in criminal activity without fearing prison time, it's a loose, loose situation.

What if the case was a woman, the intruder wasn't armed but much stronger and intent on rape. The woman defends herself before the rape occurs by stabbing the intruder in the same situation as this man minus the screwdriver. How would you think the law should take on that case as opposed to this had it been the case the intruder didn't have the screwdriver?

I'm pretty sure we have differing opinions on this. I don't consider it self-defense if you get cornered somewhere but not directly threatened beyond that. For self-defense, you would have to be directly threatened by violence. Killing someone is much more serious than simple burglary, and as much as it sucks, if you're not threatened, you should not attack the burglars lethally. Everything needs a properly weighted counter-act, and I consider killing someone much more serious that burglary. In other words, I suppose, I think you should always use the minimum amount of force necessary.

If the victim was female and it was about rape, I don't see how the situation is any different. You can't stab people pre-emptively just because you think they might be going to do something, but as soon as the threat realizes, you should definitely be allowed to defend yourself. For example, if you have a knife, and the rapist approaches you and tries to violate you despite it, let the stabbing commence! If it's all talk without any actions yet, it's probably less clear, but if the threat seems imminent, it might be reasonable to consider it self-defense.



Around the Network
super_etecoon said:
I'm more concerned about that butchered thread title. That's criminal.

Agreed, what the hell is a "burgalur"? Are we back in the days of #Covfefe 

In any case Stabbing is a bit too brutal, unless the guy had no choice. I'd say when home invaded, the victim must have the legal advantage and it must be up to the invader to justify legally that he was unreasonably dealt with. Otherwise there can be some abuse by the victim. But again,the advantage must clearly be on the side of the victim as the home invader had no business whatsoever invading the victim's home. So for the pole I voted as uncertain.



palou said:
Mr Puggsly said:

 

"One suspect, armed with a screwdriver, forced the elderly man into his kitchen when he discovered them inside his home in the Hither Green area, while the other suspect went upstairs, the force added. 

A struggle ensued between the homeowner and one of the men"

I really hope you're speaking as someone that didn't read the article. If this is the story, then its self defense.

I speak of law not as a form of punishment, here, but rather as a deterrent for poor choices. Just as you need to deter the burglar from entering the home, you also need to deter the homeowner from engaging in the incredibly dangerous decision of fighting back against the burglar. In terms of culpability, no, I don't think that the homeowner did anything *bad* by defending himself when he was very justifiably frightened.

If you don't think he did anything bad though, then what are you proposing be done?



VGPolyglot said:
palou said:

I speak of law not as a form of punishment, here, but rather as a deterrent for poor choices. Just as you need to deter the burglar from entering the home, you also need to deter the homeowner from engaging in the incredibly dangerous decision of fighting back against the burglar. In terms of culpability, no, I don't think that the homeowner did anything *bad* by defending himself when he was very justifiably frightened.

If you don't think he did anything bad though, then what are you proposing be done?

A fine would work, perhaps?

Criminally, nothing wrong, simply classify it as disorderly conduct.



Bet with PeH: 

I win if Arms sells over 700 000 units worldwide by the end of 2017.

Bet with WagnerPaiva:

 

I win if Emmanuel Macron wins the french presidential election May 7th 2017.

palou said:
VGPolyglot said:

If you don't think he did anything bad though, then what are you proposing be done?

A fine would work, perhaps?

Criminally, nothing wrong, simply classify it as disorderly conduct.

But why a fine at all? If he did nothing bad I don't think he should get any punitive repercussions.



VGPolyglot said:
palou said:

A fine would work, perhaps?

Criminally, nothing wrong, simply classify it as disorderly conduct.

But why a fine at all? If he did nothing bad I don't think he should get any punitive repercussions.

I see it as disincentivization, I guess not everyone's for measures like that.

 

The important point for me is that it's *officially* illegal - to help build the collective conscience that it's a bad thing, that you should avoid, if at all possible. 



Bet with PeH: 

I win if Arms sells over 700 000 units worldwide by the end of 2017.

Bet with WagnerPaiva:

 

I win if Emmanuel Macron wins the french presidential election May 7th 2017.