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.

Well at least the guy was ok ( I mean the student). The other guy had it coming. Now he's learned his lesson not to rob again.

I agree, you DO NOT rush out to confront intruders.

But on an adrenaline rush and weapons near you? Those combined may very well cloud your better judgment.

I agree, you DO NOT rush out to confront intruders.

But on an adrenaline rush and weapons near you? Those combined may very well cloud your better judgment.

and


How can he rob again if he is dead?

Oh whoops didn't read that part...well...he sure regretted thinking of robbing in the afterlife

i thought the "got his head chopped off" part was pretty clear
although it would have been funny if he was like a headless burgler

Fair enough, but typically the fear created by the circumstances overrides the boost provided by adrenaline. The situation changes when your life is directly threatened, but seeing as it was only his property (which he knew based upon previous thefts, iirc) that strikes me as an unlikely possibility.

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




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?

I guess it wasn't clear, because it was his hand that was chopped off.

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.)

He's not going to go scott free. It's called manslaughter.

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.

yeah, but the thief decided to rob a person with an sword >_>

The cool part is that I never get tired of being deceived

Just because someone's head was chopped off doesn't mean they're dead. That's just silly.