Is it self-defence if an inmate, on day of execution, kills his executioner?
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Archived from the IMDb Discussion Forums — Politics
P.Error — 3 years ago(November 17, 2022 05:13 AM)
Free your mind from whether you or not you think he deserves it. Place yourself in his perspective at that time. You are him. About 5 intimidating people knock on the door to your cell and say "Come with me." You express to them that you don't really want to leave, but they force you.
They bring you into a darkly lit chamber. You are told to lie in the gurney on which you know they plan on killing you. You are scared.
You express that you aren't interested, but they're not getting the hint. They force you onto the gurney and strap your wrists and ankles.
A person is about to kill you by injecting you with poison in addition with several other assailants (guards, bailiff) around him. You clearly say, "I do not consent to being touched, nor do I consent to being given a shot."
At this moment in time, you are literally a victim being assaulted.
At this moment, you notice the straps are loose, you see a chance to escape, and take it; just in the nick of time and the needle is an inch away from your arm, you grab the syringe and administer it into the executioner. You release the tow restraints, run out the door, as the bailiff reaches for his gun and fires, he only grazes your arm; you run toward him and grab the gun away, shooting and killing him. You run down the hall and escape.
There's no question it is self-defence. The question is whether the law will recognise it as such.
Can the law unreasonably rule he should've allowed yourself to be killed?
Let's just set that aside the ethical issues of capital punishment in and of itself for now. There's no reasonable way the law can rule, "You are sentenced to death, and also, you are additionally sentenced to comply with it and allow the men to kill you peacefully without fighting back. We as law permit this group of men which outnumbers you to attack you, but you cannot attack back in retaliation."
Never lose your desire. -
Millard — 3 years ago(November 17, 2022 05:14 AM)
That's deep. You're a smart guy. Are you high?
https://us21.chatzy.com/m/54858866758294 -
P.Error — 3 years ago(November 17, 2022 07:00 AM)
Ok let me rephrase: is he justified?
Knowing you, you're going to opt out of this one.
Ok, you're sentenced to death; for good measure, we'll say it's for a crime you didn't commit.
You're strapped the gurney about to be injected. You notice the guard did not strap the belts properly. You're free to move about, but you disguise this fact until the coast is clear.
There's nothing you can do legally at this point that will help you get out of thid such as trying your innocence; you could have DNA evidence in your pocket and it won't help you. In sports, this is what you call a non-reviewable play. They may find out you're innocent later, but they still have to kill you today.
What do?
Do you:
-willingly allow them to kill you, because you respect our judicial system, even though they got it wrong this time.
-take whatever opportunity to run out the door and escape, knowing you will have to kill at least one person in the room to do that.
What do, MoveMan?
Please don't opt out of this. Seriously tell me what you would do in this situation?
Never lose your desire. -
MovieManCin2 — 3 years ago(November 18, 2022 06:05 AM)
That is a
totally different
question. In this situation obviously I would try to escape. Self preservation.
Duh.
MAGA! FAFO!
Schrodinger's Cat walks into a bar, and doesn't.
Dumbocraps: evil people who celebrate murder. 
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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.