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Boy charged with murder for killing man attacking his mom

offense_is_ok

March 13, 2016

14 upvotes

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Post Information

Title	Boy charged with murder for killing man attacking his mom
Author	offense_is_ok
Upvotes	14
Comments	16
Date	March 13, 2016 3:01 AM UTC (10 years ago)
Subreddit	Posted in /r/MensRights
Original Link	https://old.reddit.com/r/MensRights/comments/4a6rn0/boy_charged_with_murder_for_killing_man_attacking/
Archive Link	https://theredarchive.com/r/MensRights/boy-charged-with-murder-for-killing-man-attacking.954121 https://theredarchive.com/post/954121

Comments

[–]TheRealSquirrelGirl 11 points12 points13 points 10 years ago (15 children) | Copy Link

[–]CrazyInAnInsaneWorld 5 points6 points7 points 10 years ago (14 children) | Copy Link

It's not just that, but from a typical self-defense argument, the boy escalated the use-of-force from the level of aggravated assault (A violent melee, in essence) to deadly force. One of the central requirements of a affirmative defense of a claim of self-defense (Or defense of others, as would be the case, here) is that you cannot answer force with more force than is being applied, which he clearly did. That's why the "Battered Wife Defense" is so bullshit, because it assumes that whatever force the husband was applying, while it wasn't enough to kill her, it was enough to justify her ending his life by taking justice into her own hands, rather than letting the appropriate authorities handle it.

It's regrettable that this happened the way it did, but frankly speaking, I can't see where the Justice System is in the wrong, here. It is clearly operating within the confines of the law, in the way the law intended. Charge the kid, let the forensic evidence show what it may, and if it is shown that it was unnecessary for the kid to pull the trigger, maybe the DA can offer him a plea deal due to extenuating circumstances (Highly-charged environment, Protection of Family instinct, Young boy not yet having reached age of majority, etc.), but that's the best case scenario I see, going forward.

[–]jtaylor73003 2 points3 points4 points 10 years ago (5 children) | Copy Link

[–]CrazyInAnInsaneWorld 0 points1 point2 points 10 years ago (2 children) | Copy Link

I will point out that I agree with your assertion that a police officer should not be allowed to use deadly force in that situation. I will also point out that his family would have the ability to press for legal recourse through the courts where they would get the chance to establish shooting him was not necessary. Fact remains, a cop is not the kid, and while I don't disagree with your theoretical situation, it's irrelevant to the crux of the matter.

The kid felt his mother was going to be killed and he used the force that he felt would stop the attack.

Note that this is a major factor in why I'm okay with the DA offering the kid a plea deal that lets him off somewhat easy. The kid's too young to fully realize the implications of the law, as well as the applicable complexities of a self-defense claim. Hell, as you likely saw below, some people aren't capable of realizing the complexity of self-defense law, as it applies to personal assaults and murder laws.

[–]jtaylor73003 1 point2 points3 points 10 years ago (1 child) | Copy Link

[–]CrazyInAnInsaneWorld 1 point2 points3 points 10 years ago (0 children) | Copy Link

I grew up the son of a corrupt cop, so I'm well aware of all the 'dirty little tricks' used to get an officer that has misbehaved off the hook. I think Officers should be held to the same standard your average citizen is. If it's illegal for a citizen to do something, then a scrap of tin on your chest in the shape of a badge does not give you some magic exemption from the law. Obviously, this does not extend to the everyday parts of a peace officer's authority, such as detaining citizens for various reasons, but I would hardly call the use of deadly force an everyday part of a peace officer's life.

Plainly put, if it would be illegal for a common citizen to escalate the use of force to deadly levels, I see no reason why police officers should not be held to the same standard, especially with as many "non-lethal" tools as we equip them with to avoid such deadly force-use incidents these days. The extra training they receive further drives that argument, in my viewpoint.

[–]ProfM3m3 0 points1 point2 points 10 years ago (1 child) | Copy Link

[–]jtaylor73003 0 points1 point2 points 10 years ago (0 children) | Copy Link

[+]rammingparu2 -7 points-6 points-5 points 10 years ago (7 children) | Copy Link

[–]Flowers214 5 points6 points7 points 10 years ago (6 children) | Copy Link

[–]rammingparu2 -2 points-1 points0 points 10 years ago (5 children) | Copy Link

[–]Flowers214 4 points5 points6 points 10 years ago* (4 children) | Copy Link

[–]rammingparu2 -2 points-1 points0 points 10 years ago (3 children) | Copy Link

[–]Flowers214 3 points4 points5 points 10 years ago (2 children) | Copy Link

[–]rammingparu2 0 points1 point2 points 10 years ago (1 child) | Copy Link

[–]Flowers214 2 points3 points4 points 10 years ago* (0 children) | Copy Link