Who should go to jail?

Are you actually American Orleander? I have noticed you spell a lot of words the Brit way (ie. humour not humor, and use S in place of Z). I could be wrong since I am not American and don't know whether it is not uncommon to use GB english in the states sometimes, just made me wonder.....

my dad was from Scotland and he helped me with my spelling as a kid. He also made a HUGE fuss with the teachers if my spelling was considered wrong. They let it go and I kept spelling his way. :eek:
But yeah, I'm and American spelling like a Scot.
 
...I know if I caught someone raping my wife, he be taking a dirt nap! I'm sorry, but I'd shoot first and question later. I wouldn't give the mother fucker a chance to get away......

and lots of juries would agree with you. I do. And the court system where he is from did as well.
 
Good! I don't think he did anything wrong at all. He was under he impression that his wife was being raped. And that she was being raped on his and her property.
 
But in the UK it would be murder and since firearms here are illegal, carrying one on your person is not permitted (even police don't except armed response and the like, even then there is a lot of paperwork and laws involved over shooting someone when on duty for armed response). Just because their wife got raped wouldn't be a valid reason.

What about the farmer who was done for shooting a burglar with his shotgun (smoothbore licence is a little different especially for a farmer). He had been burgled more than once by the same guy and on top of shooting him was even sued by the mans family for loss of earnings since burglary was the families income.
 
Orleander in your senaro both would be guilty of at least manslaughter because the husband fired when he was runing away (though also there would be fire arms charges).

HOWEVER if he was on top of her and she screamed rape he would PROBABLY be let off for self defence (though he would be investigated incase he knew or whatever).

She on the other hand would be guilty of negligent homicide or reckless actions occasioning death.
 
If the story is true, "crime of pashion" is a legal deffense for the guy and the punishment is usually mild. BUT! How do we know they didn't make the thing up? There is no evidence the wife yelled, "I am being raped!", right?

If the guy goes to jail, he should sue his wife...
 
One flaw I can spot in the story is: rapists don't generally go to the trouble of getting naked.
If you see a naked man having sex, and the woman is your wife, the initial conclusion would be the most probable, and I think you'd need an exceptional lawyer to argue otherwise.
 
Huh. Manslaughter. for the Man. The woman while not entirely blameless, Will have to suffer the shame, unless you can get her for negligence or lying. But last I checked, those weren't really set up for adultery.
 
http://www.msnbc.msn.com/id/24441428/

here in the US, she goes to jail and the husband walks. I was surprised he isn't looking at jail for shooting a man driving away, but things are different in TX.
That's what I was going to say. The man really thought his wife was being rapped and he thought he was doing the right thing. Isn't it legal to shoot a criminal while he is in your house?

Why sell hand-guns for protection if they are not meant to be used to shoot someone???
 
Manslaughter wouldn't stand in the UK, it would be murder. The kind of man who carries a handgun with him and can pull it that fast and drop a man without questioning is not exactly blameless when you weigh it up. He is guilty of murder since rapist or not the man doesn't have the right to kill the someone, and it's a bit hot headed to kill someone without any evidence.

Any evidence? He cuaght the man on top of his wife and the woman was screaming rape as soon as she saw her husband. The man may have thought he was acting in self defence, or may have even attempted a citizen arrest (which is all the police do in America). Now I do admit thatshooting in the back might be questionable, but we do not have all the facts at all. For all we know the lover could have been running in the direction of the gunrack. That would be unquestionably self defense as there is reason to believe the man would commit more violence.
 
TW under british and australian law (and i asume the other commonwealth nations like NZ and canada) there is no such thing as a citizans arest. It falls under the crime (and the civil tort as well) of false inprisionment. Self defence however does exist but the action MUST be the min amount of force NESSARY to stop harm. So if he is running away you cant shoot him. Thats besides the fact that carrying a loaded weapon is a crime. Now if he had hit him while aparently raping his wife with a rolling pin and killed the guy that WOULD be self defence but in this case its either manslaughter or murder because the "offender was fleeing"
 
The details of this story are questionable.

The tryst apparently happened in the dead guy's car. It's not clear whether the shots were fired into the car while the woman was still in the car or not. It's not even clear when she started crying rape. This article says that the woman's story is that she didn't cry rape until after the guy had been shot and she thought she would be next.

It's murky.

Anyway, the shooter was charged with murder. The charges were dropped but I can't find details of why.
The woman was later convicted of involuntary manslaughter and is reported to be facing between two and twenty years in prison.
 
This is actually a 'win-win' situation. Had the wife didn't yell being raped,
perhaps the man will shot them both and he himself goes to jail ...
 
A bit more reading indicates that the grand jury refused to indict the shooter. In other words, a panel of 23 citizens of Texas decided that the man had no case to answer - that there was no point in sending him to trial.
 
pete that always makes me feel nervious that its up to citizens in the US if someone is charged or not rather than a procicuter and judge who deal in the LAW rather than emotion.

Take a case that was on the practice where a guy fired a wome because she was muslim, the defence lawyer made out that it was understandable because of 11/9 and the jury found against the plaintif. However the law was clear that it was a case of discrimintation and so the judge set aside the verdict and awarded damages. Now if you have to get a "jury" to decide if something can even go to trial what emotive cases arnt being herd?
 
Yep. The US is the only country that still has a grand jury system, I think, although it's not used in all (or even most?) states. Hopefully, its on its way to extinction.
 
unfortuantly i wonder how many times the police and procicuters office have spent endless hours investigating and organising a case of say gay bashing (in texes for example) only to have a grand jury of bigots ignore the evidence and not send the case to trial. It really worries me
 
TW under british and australian law (and i asume the other commonwealth nations like NZ and canada) there is no such thing as a citizans arest. It falls under the crime (and the civil tort as well) of false inprisionment. Self defence however does exist but the action MUST be the min amount of force NESSARY to stop harm. So if he is running away you cant shoot him. Thats besides the fact that carrying a loaded weapon is a crime. Now if he had hit him while aparently raping his wife with a rolling pin and killed the guy that WOULD be self defence but in this case its either manslaughter or murder because the "offender was fleeing"

And one wonders why the violent crime in those countries is on the rise.

It always amazes me that people willingly give governments absolute authority over every aspect of their lives. I know the USA is hardly perfect, but at least here there is a semblance that the government is servant of the people and not vice versa.
 
as i said you can do what is nessary to stop a crime including locking a person in a basement until the cops arive but you cant "arest" someone fleeing. Only the police can do that and you cant "arest" someone who you saw shoplifting from your store a week ago. Only the police can arest someone, you can only do what is nessary to stop a crime IN PROGRESS.

The US is MUCH less than perfect with a murder rate per capita higher than iraq i would guess.

Oh and a last point, if the goverment was a servent to the people in the US it would provide the services you NEED like free universal health care rather than waisting the WHOLE budget on an inept defence force (in there budgiting abilities anyway). Also if the US goverment was a servent to her people you wouldnt be seeing the fear of the goverment that most yanks show
 
a man comes home from work and finds his wife naked under a guy in the back yard. He's pissed that she is cheating on him. She starts screaming rape. He realizes his error and pulls out a gun. The other guy starts running away and the husband shoots and kills him.

The man is the wife's lover. She wasn't being raped. Should the husband go to jail or should the wife for the lover's death?

I want to know who fucks someone in their backyard? Esp when cheating. Wife should simply be shot and pissed on in this case...
 
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