What would the legal ramifications of this hypothetical situation be?

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OinkBoink said:
I have no idea who the member you mentioned is. Even if I were related to him, would that be a compliment or an insult ?

1.) He tried to molest my girl.
2.)He tried to molest my girl.
3.)This is a hypothetical situation. You're allowed to make assumptions
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Being.Smart is the king of the General Talk section. When I came across your thread, I thought it's him.

Regarding the situation, I doubt if our opinions count in the court of law. All your/our points can only be clarified by a legal adviser / practitioner. If you take any action based on the feedback received on this thread, you will be landing in a soup regardless of your gender.

The reason for my OT questions was that a lot of questions would be raised in the court. It will be very difficult for you to prove that you have killed / assaulted an unconscious man in self-defense. If you are carrying firearms at public places, I think its usage is severely restricted to certain situations only.

http://www.lawyersclubindia.com/forum/Can-i-carry-knife-for-self-defense-in-india--63806.asp
 
My friend once punched a drunk guy and broke his nose (the guy was assaulting his sister). He was unconscious when we handed him to the police, the police asked around and people confirmed what had happened. After that they took him away and took our contact details.
If you have a witness you will be alright. Use of firearms will get you in trouble afaik.
 
I suppose the point of video taping was included to bring in a un-refutable evidence to the sequence of events .. ie .. moving beyond individual premise. I like this move.

To consider realistic implications, this could happen in a parking structure which is monitored by security cam .. an attacker could easily corner a girl .. Now lets say a security guard shoots down the man in an attempt to defend the girl.

This scenario is what I can imagine to be most similar to your hypothetical situation ..

A homicide has happened .. The security guard will most definitely be charged .. a case will definitely go to court and now its upto the court to decide whether to indict or acquit

The video would establish that the attacker clearly initiated the confrontation with the girl .. she was overpowered and helpless.
 
so a guy is on a date with a girl with a gun or knife ready with him in the pocket.that guy is more likely to rape that girl before the other guy.
 
Superbad said:
so a guy is on a date with a girl with a gun or knife ready with him in the pocket.that guy is more likely to rape that girl before the other guy.
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Whats the context here..?

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Superbad said:
so a guy is on a date with a girl with a gun or knife ready with him in the pocket.that guy is more likely to rape that girl before the other guy.
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Whats the context here..?
 
@ all and everyone

Look guys the fact is, if you dont know shit about law, dont speculate senselessly..


@ thread starter

If you are in deep shit, go get a lawyer. He'll help you out a great deal. And if you want to generally talk about it, give the complete details.
 
What if OinkBoink really does it? And then accuses this board members for encouraging him?
 
OinkBoink said:
Assume the whole thing has been video taped.

So, you're with your girl and you need to leave her for a while to care of something. When you come back, you find that a guy is trying to sexually assault her. You get pissed and beat him unconscious. Now, after he's unconscious you take a gun and shoot him in the nuts.

What would happen legally in this situation? You couldn't claim that you shot his nuts in self defence/to protect your chick because you've already defended yourself/protected your chick by beating him unconscious (could you?).

Could you be legally prosecuted for robbing the assaulter of his manhood ?
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At some point, the situation turned from self-defense to vigilantism. (At the point where the assailant is already unconscious). Attacking after the threat was neutralised becomes first-degree murder I am afraid, in spite of the extenuating circumstances. There was a case like this in the US.

Where Does Self Defense End? Killer of Robber Convicted of Murder

I don't know if I would classify that as first degree murder personally. Maybe voluntary manslaughter.
 
blkrb0t said:
What if OinkBoink really does it? And then accuses this board members for encouraging him?
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I'm sure that's covered in the TE's Rules & Regulations to which to you click "I Agree" while registering ..

Being on a date or knowing the girl getting attacked has minimal effect on the course of the law .. over reaching the Self Defense boundaries will lead you into trouble despite your heroic efforts.

It might seem justifiable that your girlfriend is getting attacked, to the law it doesn't ..
 
Well, this is what I think:

If you are carrying a weapon with you, that will be used as an intent to cause harm from the start, the other lawyer can take this on you, that you had this whole thing setup just to kill the guy.

Secondly, if the molester had a weapon with him and he showed intent to use it against your girl, and it was clearly visible with an evidence ( a clear video recording or eye witness ) , then your use of a sharp object lying around ( or a knife that you always carry and you can prove that you always carry it, irrespective of that particular day) to neutralize the threat ( which may or may not lead to death of the molester). That is OK in the boundaries of law and self-defense.

But, if the molester, did not have any deadly weapon and had no intent to use any such thing, and was only forcing your girl physically with force, your use of a weapon to kill him, will result in a case against you. Beating him till unconsciousness is OK and will come under self-defense.

So, to sum it up and be safe in today's world. Carry a pocket knife with you always and act only as much as the situation demands, if someone else has a weapon and shows intent to harm/kill you or someone you care about. You will be free to kill him and law will be on your side ( given you have evidence of what happened)

PS: I am no lawyer, but someone close in my family is and this is what I can deduce from things I have learnt from him.
 
mutant said:
Well, this is what I think:

If you are carrying a weapon with you, that will be used as an intent to cause harm from the start, the other lawyer can take this on you, that you had this whole thing setup just to kill the guy.
While the lawyer might argue this .. this doesn't exactly show premeditation .. wont stand for much on its.
If you proper permits for the weapon its not a problem.





Secondly, if the molester had a weapon with him and he showed intent to use it against your girl, and it was clearly visible with an evidence ( a clear video recording or eye witness ) , then your use of a sharp object lying around ( or a knife that you always carry and you can prove that you always carry it, irrespective of that particular day) to neutralize the threat ( which may or may not lead to death of the molester). That is OK in the boundaries of law and self-defense.
Sounds about right ..



But, if the molester, did not have any deadly weapon and had no intent to use any such thing, and was only forcing your girl physically with force, your use of a weapon to kill him, will result in a case against you. Beating him till unconsciousness is OK and will come under self-defense.
But seriously .. "beating him unconscious" is not a legally accepted measure .. even that might be treated as attempted murder ..



So, to sum it up and be safe in today's world. Carry a pocket knife with you always and act only as much as the situation demands, if someone else has a weapon and shows intent to harm/kill you or someone you care about. You will be free to kill him and law will be on your side ( given you have evidence of what happened)



PS: I am no lawyer, but someone close in my family is and this is what I can deduce from things I have learnt from him.
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minwords
 
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