Is a victim's deliberate use of deadly force a just responce to repeated domestic violence??
815803
Is everything a response to something?
1173040
I guess it would depend on the facts of the case. Involuntary manslaughter is usually the verdict if the death was some sort of an accident. I was at a Friends house one time, he was cleaning a gun that went off accidentally. It shot another friend of mine thru the leg, but it was an accident. Granted he wasn't practicing ideal firearm safety. If it was accidental the ten years would be enough. Hard to say not knowing the facts.
902642
I received my concealed carry permit in the state of Arizona, and we discussed when taking another life is "justifiable"  here are some of the things we discussed.  If you approach any of the scenes mentioned, with your weapon drawn, and it elimiates the threat, ie the perpetrator leaves, then you are NOT JUSTIFIED to shoot.  However, if you approach, and the act continues, you are justified (in the state of arizona) to shoot to kill.\n\nCommission of Rape\nKidnapping\nArson to an occupied structure\nAnytime someone is within 21ft of you and closing, has a deadly weapon where if your weapon is not used, you may die\n\nAlong with a few others, however that last one is a biggie...if someone is charging you with a knife, you have a gun drawn, and they raise up to stab you, you are legal to kill.  Now lets say you come up on someone who is raping a woman, you draw your gun, and say hey stop what youre doing...they guys stands up and runs away.  Your weapon has eliminated the threat, and therefore, you are NOT justified to shoot to kill.\n\nAnother one is that you are walking down the street, you see 4 guys taking turns beating another guy.  Hes on the ground, defenseless, and clearly not putting up a fight.  They have bats or knives or some sort of weapon.  If you dont approach the situation, that person may die.  So you say, hey guys, dont you think hes had enough?  Leave him alone.  They turn around to you, and begin to approach you with bats/knives etc in hand, you draw your weapon.  If they begin to commence and attack, and are within 21ft of you, you shoot to kill the biggest one first I was told.  His buddies if they are smart, probably will not go after you.\n\nAlso what I found interesting is that it is illegal to shoot to mame, IE shoot to just hurt someone, shoot them in the leg etc...if you are going to fire on someone, you must shoot to kill.  If you are interested further, check out local gun laws, and get a concealed carry permit, they will review everything with you as to when you can or cannot fire on someone.
169070
You don't AGREE WITH IT???  Do something about it!  I'm seriously shocked that you had to ask this question... I would move to protect ANY LIVING CREATURE whether I knew them or not.  I hate to post this huge peice of info, but you need to see it.\n\nEstimates range from 960,000 incidents of violence against a current or former spouse, boyfriend, or girlfriend per year1 to three million women who are physically abused by their husband or boyfriend per year.2 \nAround the world, at least one in every three women has been beaten, coerced into sex or otherwise abused during her lifetime.3 \nNearly one-third of American women (31 percent) report being physically or sexually abused by a husband or boyfriend at some point in their lives, according to a 1998 Commonwealth Fund survey.4 \nNearly 25 percent of American women report being raped and/or physically assaulted by a current or former spouse, cohabiting partner, or date at some time in their lifetime, according to the National Violence Against Women Survey, conducted from November 1995 to May 1996.5 \nThirty percent of Americans say they know a woman who has been physically abused by her husband or boyfriend in the past year.6 \nIn the year 2001, more than half a million American women (588,490 women) were victims of nonfatal violence committed by an intimate partner.7 \nIntimate partner violence is primarily a crime against women. In 2001, women accounted for 85 percent of the victims of intimate partner violence (588,490 total) and men accounted for approximately 15 percent of the victims (103,220 total).8 \nWhile women are less likely than men to be victims of violent crimes overall, women are five to eight times more likely than men to be victimized by an intimate partner.9 \nIn 2001, intimate partner violence made up 20 percent of violent crime against women. The same year, intimate partners committed three percent of all violent crime against men.10 \nAs many as 324,000 women each year experience intimate partner violence during their pregnancy.11 \nWomen of all races are about equally vulnerable to violence by an intimate.12 \nMale violence against women does much more damage than female violence against men; women are much more likely to be injured than men.13 \nThe most rapid growth in domestic relations caseloads is occurring in domestic violence filings. Between 1993 and 1995, 18 of 32 states with three year filing figures reported an increase of 20 percent or more.14 \nWomen are seven to 14 times more likely than men to report suffering severe physical assaults from an intimate partner.15 \nDomestic Homicides\n\nOn average, more than three women are murdered by their husbands or boyfriends in this country every day. In 2000, 1,247 women were killed by an intimate partner. The same year, 440 men were killed by an intimate partner.16 \nWomen are much more likely than men to be killed by an intimate partner. In 2000, intimate partner homicides accounted for 33.5 percent of the murders of women and less than four percent of the murders of men.17 \nPregnant and recently pregnant women are more likely to be victims of homicide than to die of any other cause18 , and evidence exists that a significant proportion of all female homicide victims are killed by their intimate partners.19 \nResearch suggests that injury related deaths, including homicide and suicide, account for approximately one-third of all maternal mortality cases, while medical reasons make up the rest. But, homicide is the leading cause of death overall for pregnant women, followed by cancer, acute and chronic respiratory conditions, motor vehicle collisions and drug overdose, peripartum and postpartum cardiomyopthy, and suicide.20 \nHealth Issues\n\nThe health-related costs of rape, physical assault, stalking and homicide committed by intimate partners exceed $5.8 billion each year. Of that amount, nearly $4.1 billion are for direct medical and mental health care services, and nearly $1.8 billion ar
597760
The answer is yes.  To commit a crime, two separate elements must be met.  First, the actus reus - or act.  You must do something that is prohibited.  Damaging someone's property is illegal (if nothing else it is a trespass).  Second, is the mens rea, or the guilty mind.  Every crime carries with it a different level of intent needed in order to be guilty.  For example for capital murder, the level of intent required is very high.  The murderer must have premeditated the crime and intended to cause the death of his victim.  For damaging someone's property, it is likely enough that you were simply negligent.  Anything more, such as intentionally damaging the property would also suffice.  So from your example, and assuming in the hypothetical that you intended, or at least were negligent in causing the damage then you have committed a crime.  It is absolutely irrevelevant whether anyone saw you do it.  Of course if there is no proof, then it's difficult to convict you - but that's not the question.  Did you commit a crime?  Absolutely.
1089872
Domestic Violence — C.R.S. 18-1-1001 and 18-6\n\nhttp://www.dvmen.org/dv-168.htm
261588
Yes - my ex-husband hit me three times during our marriage.  I was raised in a peaceful houselhold, so the first time he did it it caught me completely by surprise.  However, I realised that I didn't want my young son to think this was the normal way men should treat women, so I divorced him.  He's on his fourth relationship now.\n\nI married again 23 years ago.  When you are a victim of domestic violence (and mine was pretty slight compared to some stories here) it toughens you up not to accept it again, so the first time we had a row and my then fairly new husband raised his hand to hit me, I told him ' if that connects, we disconnect.'  And I meant it - and he knew I did.  We're very happy together now!
438349
Well, it would be nice if you told us what these things are, because without knowing what he's saying, how would anybody know if they are considered a crime or a threat?\n\nAlso need to know what state you're in, since laws differ from state to state.\n\nChances are, at least here in California, cruel and demeaning things would not qualify as domestic abuse.  But again, it's impossible for anyone to tell you specifically without knowing what's being said and where you are.\n\nEDIT 4.27.06\n\nYou still didn't say what state you're in.  Based on the additional information you posted tonight, if you were in California, poking you in the chest with his fingers would be a crime, and possibly telling you he was going to throw you out a window would be a crime.\n\nThe thing is, whether these things are crimes or not is not really the issue.  The issue is that your husband is abusing you in one or more forms.  You've also added tonight that you have children, so you're not the only victim here.  He may not touch the children, but he (and you, I'm sorry to say) are exposing the children to domestic abuse...I won't go into all the studies that have been done on children who are exposed to the kinds of stuff you're talking about but trust me, it will screw a kid up.  For that reason, California Child Protective agencies have started removing children from homes where domestic abuse is taking place, even if the children are not directly victims.\n\nI've seen a lot of domestic violence cases...more than would fill a lifetime.  And the things they all have in common is that they start out small, get gradually bigger, and eventually will end up in your death if something does not change.  I'm guessing he does these things, then apologizes, then things are fine for a while, then it happens again?  And when it happens again, it's maybe just a little bit worse...he calls you worse names, pushes you just a little more, etc?  Domestic violence has a really predictable cycle and I just described it for you.   \n\nGet out.  Do not wait, do not assume he will get better, do not think you can't make it (of course, he obviously wants you to think that, because then you won't leave and he will continue to have a victim), do not expose yourself and your children to this man any longer than it takes to pack.  I guarantee there is a domestic violence organization somewhere near you that will be more than willing to help you...800-799-SAFE is a start.\n\nI *promise* you...if something does not make him change, he will not.  People don't change without some reason, and you staying there is not going to be the reason.
698359
Hi,\n  If I knew that a homicide had been committed,and did not report it, I would feel as though I were as guilty as the person that committed the crime. For me,my conscience would not let me live with that, and I would HAVE to report it.\n   Now,having said that. If the homicide were a situation in which,say someone were molesting a child,or trying to murder some loved one,or an innocent person. I'm sorry to have to say this,but I'd commit the homicide myself!.\n    I am a Christian,and if a person has committed a heinous crime against an innocent person. And it can be proven,absolutely,positively,without question that the person is guilty,then they deserve the death penalty.That is my opinion.And,if there are witness' that saw the killing take place,then spare us tax paying citizens a long and ridicules trial,and put them to death.\n    Excellent question,and there are as many answers as there are scenarios.\n      Take care and God bless.
969884
What this is called exactly depends on the statutes in the state, and what the authorities will do depends on a lot of things, but all that stuff doesn't matter. \n\nWhat's obvious to everyone is that this is and should be criminal behavior. \n\nWhat's not so obvious is that if the victim doesn't report it now, she's setting up the next victim.  \n\nThink he'll stop at a handjob next time?
619873
I say yes.\n\nIf they're making the conscious CHOICE to enter your home, then you have the obvious reciprocal choice to make them pay for theirs.\n\nIf they're committing a crime in the first place, especially such a personal one...shouldn't they be punished for being such an obvious dumb@$$?\n\nNow, generally, I won't shoot to kill...but I'll be damned if I won't shoot to maim someone breaking into my home.
90134
Yes. It happens frequently in murder cases. It's more of a memorial though.
441432
That depends on what the one prior conviction was for. Assault with and deadly weapon, 245(a)(1) PC, is a potential felony for you. The sentence will really depend on if you caused any injury to the person and, if none, what the potential injury could have been. \n\nYour prior conviction could come into play if it was an assault or other type of violent crime. Ultimately, the judge will decide what you will get. No one here on this board can tell you.
800854
If the murdered person was an abuser, or murderer themselves, yes. Ordinary people no, can they not be the people they are, live the way they desire without being killed by a psyco?
1098209
what is their to understand about domestic abuse? it should never happen. that is what i understand and that is what anyone with half a brain should understand. this is coming from someone who has been there.
614424
I see where you are going with this (after re-reading it like five times) \n\nI think that often yes, we do spend an awful lot of time defending laws against things that don't really have a clear victim. But you need to trust that those laws are there to deter worse crimes. Drugs breed violence, think of all the murders that happen over drugs.\n\nI can't answer this question with any authority, perhaps you should take an associate justice class at your local community college. I'm sure they cover all of these issues.
1022222
Simple question, Tracy, but it has no simple answer.\n\nFor starters, most states laws reagrd the use of deadly force as an alternative ONLY when they are inside your home & are threatening the lives of you or yours & even That is difficult to prove/justify. Furthermore, when you confront someone, even an animal in the wild, if you Do Not offer it a simple means of escape, it Will attack!\nAutomobiles are movable property & as such, the law states that you must protect yourself By Backing off & summoning help, Period! So, all those Rambo-types out there are clearly misguided souls who apparently are legends in their own minds!\n Sure, it's Your personal property but if we all started firing at every individual we claimed was stealing from us, we would eventually have anarchy cuz there are alotta variables that can come into play. Fer instance, I come home from work to discover a guy taking the stereo outta my car, do I shoot him or do I let him explain that my girl hired him to put in an even nicer one for me as a surprise b-day present! I'm a convicted felon cuz I shot a guy who was doing exactly that! I know it's a one in a million but still, the law really does serve a purpose & if we were to attempt to shoot someone who's unarmed, we become the criminal & the flip-side of that is if we attempt to stop such a person some other , non-lethal way & they are armed, we become another dead statistic...see what I mean? No simple answer but I hope I illuminated some of the uglier possibilities for ya cuz anything you can replace with a little cashflow is worth far less than you life or your own freedom....get my drift?