Who should go to jail?

Asguard said:
a) that only deals with shoplifting and nothing else (read it again)
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Are you an imbecile? From the link I just posted:

http://www.afp.gov.au/act/victims/citizens_powers_of_arrest.html

What exactly is a citizen's arrest?
A citizen's arrest is when you, as someone who is not a duly sworn police officer, detains a person because you believe on reasonable grounds that the other person is committing or has just committed an offence (for example, theft, assault, criminal damage).
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b) that is ONLY aplicable in the ACT (you do realise you picked the smallest juristiction in the country dont you?)
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But wait, didn't you previously claim that Australia didn't allow for citizen's arrest, full stop? :shrug:

And...
http://en.wikipedia.org/wiki/Citizen's_arrest#Australia

Citizen's arrest laws by country

[edit] Australia
The power to arrest is granted by both Federal and State legislation, however the exact power granted differs depending on jurisdiction. The power to arrest for a Federal offence is granted by s.3Z of the Crimes Act 1914.[1] Under the Act, a person who is not a police constable may, without warrant, arrest another person if they believe on reasonable grounds that:

the other person is committing or has just committed an indictable offence; and proceedings by summons against the other person would not: ensure the appearance of the person before a court in respect of the offence; prevent a repetition or continuation of the offence or the commission of another offence; prevent the concealment, loss or destruction of evidence relating to the offence; prevent harassment of, or interference with, a person who may be required to give evidence in proceedings in respect of the offence; prevent the fabrication of evidence in respect of the offence; or would not preserve the safety or welfare of the person.
A person who arrests another person must, as soon as practicable after the arrest, arrange for the other person, and any property found on the other person, to be delivered into the custody of a constable.
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I don't care that technically you can make a citizens arrest in the UK, I wouldn't try it since there is so much you can be sued for that isn't text book as is the case in most countries the law is not black and white. If the person you make the arrest on gets a bastard of a solicitor or lawyer (there is one in my city who is notorious for getting people off for anything) then you are done for. I have a few friends who are ex coppers and when ever they see trouble they never make citizens arrest or try restraining someone, it's just not worth it.

Most people call the police and let them deal with it, if it's a situation that needs immediate intervention they won't do a by the book citizen arrest for fear of repercussions. If it needs intervention there is other options. For instance if I was witness to a rape in progress calling the police would be second action I took since it needs immediate action. First I would use appropriate force (maybe a little more I admit), I am not violent at all usually but in this case I would probably beat the shit out of them enough to stop them going anywhere. Then I would call the police and go as they were arriving giving no name on the phone etc or lie and say I am calling as witnessed a man stop a rape etc etc.

Obviously I would have to act especially in immediate risk cases and couldn't ignore crimes that are serious but citizen arrest wouldn't work. Too many people get done for so little force, and short of asking someone to co-operate. The police don't like vigilante behaviour and it poses risk to person who intervenes too (granted I am bigger than most but still), they are pissy enough with plastic coppers like BTP and specials (and even OSD who are their own!) nevermind citizens acting like police with no training.
 
skaught said:
Neither of them should go to Jail. The husband thought his wife was being raped and so did what anybody would do. After all, the guy was on his property raping his wife. I believe the law states that it is ok to use deadly force to protect oneself and ones family. He did nothing wrong.
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It is in fact illegal for a civilian to use deadly force against someone who is running away. Self defense must be against imminent harm, not against harm that has already happened. Nonetheless, in many jurisdictions, particularly small towns where not many officials are involved in the investigation and rules can be circumvented, they might not prosecute the husband... IF it had been an actual case of rape.
The wife on the other hand, while she may be a lying slut, didn't break the law in any way.
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She committed fraud, which is a crime, and as a result someone died. By the intricacies of American law, that makes her guilty of at least manslaughter and possibly murder. She lied to her husband in order to influence him to behave in a way she expected would be advantageous to her: that is a textbook definition of fraud. She simply wanted him to not punish her for adultery. Unfortunately she did not expect him to react by killing her boyfriend. Nonetheless even though the outcome was unexpected, a death occurred in the course of the commission of the crime of fraud, therefore she is guilty of her boyfriend's death.

The authorities are not as likely to overlook that. They're going to want to prosecute the wife, but in the process they can't help revealing the fact that it was the husband who actually shot the victim. It's possible that both will be prosecuted. It's anybody's guess whether they will be convicted. If the victim has a family who pursues the case, they're going to keep pushing until someone is punished for his death. Or in Texas, they might just show up with their own guns and shoot both of them. :)
Although I do think adultery should be a crime punishable by law.
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You sound like someone who was cheated on. I was too. Someone seduced my wife, and they ran off together. It took me years to get over wishing that adultery was a crime in my state, preferably a capital crime. Eventually I had to accept the fact that the reason she cheated on me is that I was an asshole.
 
Wow, you're fucking pussy whipped, Fraggle. Society has done its job in making you feel like the typical male villian.

If your spouse is an asshole, either get counselling or divorce them. Don't cheat on them behind their back, and then run out of them unexpectedly.
 
It is doubtful that this scenario would take place. One time i had a stalker (female) so i went to the police and he said 'so what is the problem?' i said idont want to have sex with her no more' he said 'what are you gay?'

i sat there and cried, how can people be so cruel?
 
i do have to agree with the above FR. There is no excuse for cheating and though i don't believe it should be an offence i wish i could have sued for the psychological harm it caused.
 
Here you can. Its called 'alienation of affection'
I think there is a thread here somewhere about that.
 
How long ago was this case?

because the case in question was mentioned in last week's SVU which suggests it was a fairly long time ago, as it would have had to already go through the courts before TV shows could use it and then the apeals and then production and US viewing and FINALLY ontoAustralian TV
 
If I judged such a situation, I'd give 25 years prison to the wife and 40 for the husband. A: She should know her husband well enough that yelling rape is NOT a wise choice B: He should be civilized enough not to pull a gun
 
Wha?? His wife was being raped! Should be have said "oh, gotta go call the cops. I'll be right back honey"
 
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