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View Full Version : Having the right to kill someone


rob_frost
14th Nov 2002, 19:37
Ok, imagine this.

Someone you really don't like suddenly disappears. You get charged with their murder, and get found guilty, and put in prison. You serve your 20 years or whatever, and settle back into normal life. The person you supposedly murdered reappears again.

Do you have to right to kill them? If you did, could they charge you? ( bearing in mind you can't be tried for the same offence twice)

Just wondering.

tony draper
14th Nov 2002, 19:54
That plot has been done in the movies and books a few times, I suppose now with the double jepardy thing being scrapped they would just charge you with murder again.

Grainger
14th Nov 2002, 20:01
Well there is the defence of the impossible act.

You can't be tried for something if you can prove that the thing you are accused of is impossible.

For example, if you shoot someone but it turns out they were already dead (heart attack or something) before you got there you can't be prosecuted for murder - because it's impossible to kill someone who's already dead. OK, you'd probably have the book thrown at you for a load of other stuff - discharging a firearm, attempted murder and so on, but not murder itself.

In this case, it doesn't apply though - since the person is clearly still alive, you may get your earlier conviction quashed but the fact that they were believed to be dead doesn't make it impossible for you to murder them once it turns out they are still alive.

As for being charged for the same offence twice - it isn't. You'd be being tried for a second, different offence. (Different date, location, first offence was proved not to have happned anyway etc. etc.)

ORAC
14th Nov 2002, 20:32
If he reappeared your previous conviction would be overturned as a miscarriage of justice. and you will have no conviction on your record.

No doubt suitable compensation for the 20 years incarceration could be claimed.

The "victim" would be in the same position as someone who, after been missing for several years, is declared legally dead and then reappears. You wouldn't be able to just shoot him, they'd just correct the records.

You would, presumably, then be arrested and tried for his murder; a totally different offence to the previous one.

tacpot
14th Nov 2002, 21:43
Er, has this happened to you? :eek:

Rollingthunder
14th Nov 2002, 22:19
Proper way to handle it might be to sue and get a few million for wrongful conviction and imprisonment.

Once done, go find the ex-deceased and pound the cr*p out of him. You might get done up for assault... but as a first time offender...

Banana99
15th Nov 2002, 07:01
When you were released from your prison sentence it would have been on a license that entitles the prison authorities to recall you to prison at any time for whatever reason. This happens to all life sentence servers - being convicted of murder you would have a mandatory life sentence.

If you then killed that person - you would be recalled.

Dr Jekyll
15th Nov 2002, 07:51
There was a case in France where a man was convicted for murdering his wife even though a body was never found.

After he was released from prison he tried to remarry but was told he couldn't because without a body, there was no proof his wife was dead.

flowman
15th Nov 2002, 09:29
Do you have someone in mind Rob?

tony draper
15th Nov 2002, 10:03
Well, don't murder the guy,get hold of the death certificate, drug him buy one of those diy flat pack coffins, stick him in it then call the undertaker and have him cremated or buried.
After all he is officially dead.
Simple , all it takes is a twisted mind . ;)

rob_frost
15th Nov 2002, 14:21
You never know flowman...:D :D

Slasher
16th Nov 2002, 07:36
Way down south in Allabammy (I think) "He needed killin yerrunnuh!" is still a valid defense if one is accused of murder.

So it bloodey should be! :D

Kuhtai
16th Nov 2002, 08:14
I remember hearing about a case a little while back where a guy was freed after quite a few years because evidence emerged proving that he couldn't possibly hae committed the crime.

He was awarded a large sum by way of compensation but about one third of it was held back to pay for his "board and lodging" when in prison.