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Justifiable homicide?
Sir Brian:
http://www.parentsociety.com/news-2/father-kills-man-who-killed-his-kids/?utm_source=outbrain&utm_medium=teaser&utm_content=090112-IO5&utm_campaign=OBAH#comment-32696
Here is a case of justifiable homicide plan and simple. IMO this father could possibly be morally wrong IF he had waited weeks or months later to extract vengeance, but by killing the killer of his sons immediately after it happened is certainly justifiable.
Thorsteinn:
He was right.
Lord Dane:
--- Quote from: Sir Brian on 2013-03-30, 14:02:41 ---http://www.parentsociety.com/news-2/father-kills-man-who-killed-his-kids/?utm_source=outbrain&utm_medium=teaser&utm_content=090112-IO5&utm_campaign=OBAH#comment-32696
Here is a case of justifiable homicide plan and simple. IMO this father could possibly be morally wrong IF he had waited weeks or months later to extract vengeance, but by killing the killer of his sons immediately after it happened is certainly justifiable.
--- End quote ---
He might get sympathy from jurors and a lighter sentence but the charge will still be 'homicide' in this case Brian (and 'not justified'). Not familiar with the laws of this state but he may have grounds for a 'temporary insanity defense' on the basis of his psychological trauma/emotional grief from the sudden impact of his children's death(s). This is a death resulting from exacting revenge. The pre-mediation (state of mind; conscious awareness) component may not be there to satisfy 1st degree murder being it was a sudden reaction but 2nd degree homicide is a definite possibility. It seems more like a 'vigilante justice' case even if there are understandable circumstances that explain his actions. 'Revenge killing' can not be justified as 'self-defense'. None of the components exist from what I can see or read but I do not have all the facts. He will get charged, more likely a conviction, but juries are funny.... technicalities happen all the time.
The deceased has a history of felonious drunk driving and continues to do so, causing the obvious harm he did is tragic, and if he survived, he should be charged with two counts of vehicular homicide or manslaughter (whatever the state equivalent) in addition to drunk driving. However, who is to say he didn't have a medical emergency causing the accident while driving. There a lot of mitigating circumstances that might be brought up and none of them will justify murder. Self-defense will not fly in this case. It's just going to fall on this poor guy instead. My sympathy goes out to his family but we are accountable for our actions.
Sir Brian:
We’re just going to have to agree to disagree. Regardless of how the letter of the law would interpret the situation, he took the life of the person who took the lives of his sons through the other person’s irresponsible actions. Short of being held down and having the alcohol poured down his throat the drunk driver has no mitigating circumstance to rationalize the wrong decision to drive after drinking which is reinforced even more so with his history of multiple DUIs.
I sympathize for the father of those boys and his family but the waste of flesh his exterminated gets none.
We are at all times accountable for our actions. This is a case of the drunk driver paid the consequences in full for his foolishness.
Lord Dane:
--- Quote from: Sir Brian on 2013-03-30, 19:28:03 ---We’re just going to have to agree to disagree. Regardless of how the letter of the law would interpret the situation, he took the life of the person who took the lives of his sons through the other person’s irresponsible actions. Short of being held down and having the alcohol poured down his throat the drunk driver has no mitigating circumstance to rationalize the wrong decision to drive after drinking which is reinforced even more so with his history of multiple DUIs.
I sympathize for the father of those boys and his family but the waste of flesh his exterminated gets none.
We are at all times accountable for our actions. This is a case of the drunk driver paid the consequences in full for his foolishness.
--- End quote ---
Agreed. If this were medieval times, I would see the allowance for this man's right to enact revenge for his loss with good cause. However, this time doesn't allow for those actions. Good riddance to the drunk a**hole but it will not satisfy the legal system nor impune him from actions the other man takes. Personally, we agree. Professionally, I cannot. Murder cannot be sanctioned by either but can be defended as reasonable if circumstances exist to justify the act.
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