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NEWS: Student uses sword to kill intruder

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Post #321035 - Reply to (#321028) by shaggievara
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2:02 pm, Sep 15 2009
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Quote from shaggievara
He's not going to go scott free. It's called manslaughter.


In america and most other places it is perfectly legal to kill someone if they are a threat to you and your family and are on your property. It's called self-defense!

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Is there any manga where the male lead has an illness known as stomach ulcers.Yaoi are fine top.
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2:30 pm, Sep 15 2009
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He deserve it for being stupid and breaking into someone's house.
I hope you guys read the whole article.


Last edited by vietangelix at 6:30 pm, Sep 15 2009

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Post #321042
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2:38 pm, Sep 15 2009
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I've got 2 real samurai swords and 2 imitations at my department. I also have 2 spanish swords from Toledo and some other weapons used for decoration.

All I can say is that nothing, nothing can justify someone who's stealing in your home. If I had a vote on that issue I'd vote that using a hand granade on the bastard would be ok.

Go sword dude, go!

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2:49 pm, Sep 15 2009
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in honour of sword dude...
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Quote from purple716
Is there any manga where the male lead has an illness known as stomach ulcers.Yaoi are fine top.
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chulian
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3:09 pm, Sep 15 2009
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lol, this turn out to be an law making experiment thread bigrazz

so the bottom line, how much force is needed (mesured in newtons?) to be call "excessive force"? if the force is not the same as the laws of physics, so what is force means to a lawyer?

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Post #321054 - Reply to (#321032) by Conquestor
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3:19 pm, Sep 15 2009
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Quote from Conquestor
Manslaughter is only if deadly force wasn't needed. An intruder accosting you despite see'ing a weapon is certainly a threatening situation.

Also since it sounds like he aimed for the intruder's hand (which remember, he was being accosted), he didn't intend to kill him. Therefore no malice with intent to kill, and no manslaughter.


Actually, that is exactly what manslaughter is. Without malice and without intent to kill.


Quote from revilenigma
In america and most other places it is perfectly legal to kill someone if they are a threat to you and your family and are on your property. It's called self-defense!


Have you ever been in a fight at school? You get punished for fighting back, even when didn't throw the first punch. Harming someone is not self defense.

If you hear someone breaking into your house, you call the police and haul ass. That is what normal, functioning society does.

I mean, what the fuck, he confronted the burglar, on what planet is that even logical?

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Post #321055 - Reply to (#321043) by revilenigma
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3:21 pm, Sep 15 2009
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Quote from revilenigma
in honour of sword dude...
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I lol'd. :,D

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Madman
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3:23 pm, Sep 15 2009
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In some states you can kill anyone who is on your property without permission.

But of course you can't kill them from behind. It might look like they were running away.

It's manslaughter anyways you look at it. But sense the burgular was attempting to endanger someone's welfare, the kids will probably go scott free.

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Post #321061
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3:45 pm, Sep 15 2009
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Hmmmm, when are we going to hear about the intruder's family suing the kid for wrongful death? roll eyes

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4:15 pm, Sep 15 2009
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I think he did a good job.

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Local Prig
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4:29 pm, Sep 15 2009
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I'm with Shaggie on this one. The rational thinking person without violent tendencies doesn't go out of his way to get a sword and investigate. Regardless of self-defense or not (and really, it is possible that he just attacked the thief without additional provocation, since there are no external witnesses), a normal, mentally healthy person in today's society, technically speaking, does not do that. This speaks to some kind of problem with the kid, and he at least needs some psychological attention.

Also, if you're untrained with a sword, it's pretty hard to cut someone's hand off intentionally. Odds are he just sort of lashed out and the guy instinctively threw up his hand in defense.

The bottom line has nothing to do with excessive force, but that particular clause is basically outlining proportionality. If the opposition does not pose an actual threat to your life, and instead may be harming your property, it's sufficient to subdue the threat- anything beyond that would be considered "excessive." Remember, we don't have the death penalty for petty theft, and we're one of the only two industrialized countries in the world that practices it in the first place.



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Post #321073 - Reply to (#321071) by Crenshinibon
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4:38 pm, Sep 15 2009
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Quote from Crenshinibon
The rational thinking person without violent tendencies doesn't go out of his way to get a sword and investigate.


I would. It would be more of a deterrent than anything else. If I were to rationalize carrying a weapon. It would work like this:
me (unarmed) vs intruder (probably armed) = cry
me (armed) vs intruder (probably armed) = awwright

Just sayin'

Post #321078 - Reply to (#321073) by HoboJoe
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4:44 pm, Sep 15 2009
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Quote from HoboJoe
Quote from Crenshinibon
The rational thinking person without violent tendencies doesn't go out of his way to get a sword and investigate.


I would. It would be more of a deterrent than anything else. If I were to rationalize carrying a weapon. It would work like this:
me (unarmed) vs intruder (probably armed) = cry
me (armed) vs intruder (probably armed) = awwright

Just sayin'

This
I dont know anyone who would go check their garage or something if they heard noises and such, i know i would. I just probably wouldnt have brought a weapon(live in a really safe neighborhood) but it says the neighborhood has increasing crime rates and such, so of course you bring self defense. Its just common sense to me confused

Post #321080 - Reply to (#321078) by Betterjonjon
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4:50 pm, Sep 15 2009
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Quote from Betterjonjon
Quote from HoboJoe
Quote from Crenshinibon
The rational thinking person without violent tendencies doesn't go out of his way to get a sword and investigate.


I would. It would be more of a deterrent than anything else. If I were to rationalize carrying a weapon. It would work like this:
me (unarmed) vs intruder (probably armed) = cry
me (armed) vs intruder (probably armed) = awwright

Just sayin'

This
I dont know anyone who would go check their garage or something if they heard noises and such, i know i would. I just probably wouldnt have brought a weapon(live in a really safe neighborhood) but it says the neighborhood has increasing crime rates and such, so of course you bring self defense. Its just common sense to me confused


No, for a couple of reasons.

The first is that it's easy to say this out of the situation, but assuming you actually have an intruder a normal person does not rush out to confront them, especially in an area with raising crime rates. You have a sword? Who cares, it's entirely probable that the intruder has a gun.

In that situation you call the police. Even if you were to investigate and discover an intruder, that is what you do. Confronting them without training and with inadequate weaponry is idiotic.

If you have a gun, it's a slightly different situation, but that runs into the whole "normal people don't kill people" conundrum where even soldiers basically don't shoot at the enemy for the first six months (they shoot in the general direction instead.)

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4:53 pm, Sep 15 2009
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I must say I have to disagree that the kid will get charged for this.

The person had a right to check his own property. If I hear noises, I might grab the phone, but I'd still check it out with something. And besides, how did he know it was a person until he got there? They do charge fees I believe if you falsly call 911. It could have been a raccoon and then he would have felt stupid and wasted the police's time.

And this person did charge at him, so it was self defense. The burgular had the intent to at least try and hurt him, he was just lucky he had a sword (which is, I might add, so badass XD). Not only was this dude trespassing but he was trying to commit a crime, and when the guy was seen, harm him in the process.

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