my niece, a horny "friend", uncle rnch, baseball bat.....perhaps i over reacted?

[Oceano]

Ok - to clarify...

I personally would not have any moral qualms about killing someone who was raping me or someone else. No one should be forced to endure rape..

Your opinion. I'd find it sufficient to shoot them in the leg or somewhere to prevent them prolonging their attack.

Legally – You need to give a warning before using lethal force. And your aim should be to stop, not kill, the attacker – but that has been very fuzzy in case law.

Fuzzy perhaps in your legal jurisdiction, not every legal jurisdiction.

Think of how a jury would respond to a woman who stabbed (and killed) someone who was raping her, or to a father who shot and killed the man who was raping his daughter.

They would be guilty of a crime but with mitigating circumstances and the verdict would hinge, appropriately, on the facts of the case.

 

[Stefka]

They would be guilty of a crime but with mitigating circumstances and the verdict would hinge, appropriately, on the facts of the case.

Self defense is a justification, not an excuse.

 

[Oceano]

Self defense is a justification, not an excuse.

Self-defence is a defence at law. No one said it was an excuse.I said the verdict would hinge on the facts of the case and the jury would have to decide whether 'reasonable force' had been employed.

 

[biteme]

I think rape is deserving of death.

You said it all right there. Noone will buy your arguments because they are biased.

 

[Stefka]

I think rape is deserving of death.

You said it all right there. Noone will buy your arguments because they are biased.

Everyone is biased.
You just have to find a way to use reason and case law to make your argument.

 

[Oceano]

Full story? He came in and saw a guy with his pants off and his neice screaming for him to get off of her, and the kid was not getting off of her..

There are a number of possible explanations for the sequence of events.

The woman said "no" and the kid was attempting to take it anyway..

Doesn't sound like he had a whole lot of time to get off.

What is the other story? He tripped taking off his pants and landed on her? Give it up.

I really think you should take a step back and consider the situation before rushing to any impulsive judgments. Even the thread starter is questioning his own actions.

 

[Stefka]

Self-defence is a defence at law. No one said it was an excuse.I said the verdict would hinge on the facts of the case and the jury would have to decide whether 'reasonable force' had been employed.

Can we start debating constitutional law please? I should be studying that right now.

 

[Oceano]

Can we start debating constitutional law please? I should be studying that right now.

What do you want to debate? What specifically are you studying?

 

[Oceano]

Everyone is biased.
You just have to find a way to use reason and case law to make your argument.

I'm not biased. I can see both sides of the argument. My rational side however tells me that killing someone is excessive. My not so rational side says it is justified. I'd consider myself a little crazy if my rational side side said killing someone for rape was justified.

 

[Stefka]

What do you want to debate? What specifically are you studying?

Introduction to US con law. Probably wouldnt work for you - I'm assuming you dont study that over there.

the commerce clause
due process
equal protection
Or maybe I should just reread my Chemerinsky.