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Apolyton Civilization Forums : Powered by vBulletin version 2.0.3 Apolyton Civilization Forums > Miscellaneous > Archive > Off-Topic-Archive > Man kills burglar in UK, gets life for manslaughter.
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dunk is offline dunk
Prince
Philadelphia, PA
Mar 2002
time: 00:22
  Old Post 11-09-2002 20:01
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quote:
Originally posted by SpencerH
There is no mention of stabbing anyone in the back. There is mention of the burglar carrying a "jemmy" that I assume is the same as a small "crowbar".

I'm so glad I no longer live in England.


The burglarer was stabbed 12 times, mostly in the back. That was in the article.

The Mad Monk is offline The Mad Monk
Emperor
of Ice Cream
Mar 2000
time: 23:22
  Old Post 11-09-2002 20:03
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quote:
Originally posted by Sagacious Dolphin
AFAIK UK law allows whatever action is required to protect yourself, but you are not allowed to exceed that limit.

If a guy breaks into your house you can't just blast his brains out.

If he breaks in and starts a fight you can give him a good kicking. But if you are in a superior position, stabbing his back several times is not justified.


I agree that 'twelve times in the back' dosen't quite sound like self defense, but how does one know what the limit is, in the heat of things?

SpencerH is offline SpencerH
King
Co-Ruler of my patch of land south of Birmingham Alabama
Feb 2002
time: 23:22
  Old Post 11-09-2002 20:04
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I should get my money back from the Evelyn Wood sped-reddin course. I looked twice for the quote, before finally seeing it.

Felch is offline Felch
Prince
Germantown, Maryland
Sep 2001
time: 00:22
  Old Post 11-09-2002 20:04
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You know if y'all had guns he wouldn't have stabbed the man 12 times in the back. He could have just fired one shot to the head execution style and saved the criminal from such a horrible and ghastly death.

Roland is offline Roland
Emperor
Auf'm Jahrmarkt :(
May 1999
time: 06:22
  Old Post 11-09-2002 20:04
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"Even the possibilty of that is crap."

Depends on the legal system. If you have a broad definition of manslaughter you'll have a broad range for sentencing. The counter example is our system where manslaughter is extremely narrowly defined and carries a maximum of 3 years (or 5, not sure without checking).

Thrawn05 is offline Thrawn05
King
All Your Posts Are Belong To Ming
Dec 2001
time: 00:22
  Old Post 11-09-2002 20:05 Visit Thrawn05's homepage!
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Perhaps it was a big guy... and that in the heat of battle, the burgler was still moving and trying to kill the other guy.


Damn strait I'd stab him 12 times or more if the guy kept movie.

Felch is offline Felch
Prince
Germantown, Maryland
Sep 2001
time: 00:22
  Old Post 11-09-2002 20:06
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People seem to act like America is savage because we kill people over property. However, it's very easy to not be killed in a burglary gone bad.

The trick is . . . Don't break into other people's houses and try to rob them.

You'd be astonished at how well that works in lengthening your life span in the US.

Roland is offline Roland
Emperor
Auf'm Jahrmarkt :(
May 1999
time: 06:22
  Old Post 11-09-2002 20:08
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Well isn't it the US where burglars, if they survive, can succesfully bring silly tort lawsuits ?

So it's a gamble: You get killed, tough luck. You get injured, you make a fortune in torts.

SpencerH is offline SpencerH
King
Co-Ruler of my patch of land south of Birmingham Alabama
Feb 2002
time: 23:22
  Old Post 11-09-2002 20:09
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We have very few burgaries here. I wonder why ? Personally, I wouldnt shoot a burglar. I let the dogs eat em.

dunk is offline dunk
Prince
Philadelphia, PA
Mar 2002
time: 00:22
  Old Post 11-09-2002 20:12
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quote:
Originally posted by Roland
"Even the possibilty of that is crap."

Depends on the legal system. If you have a broad definition of manslaughter you'll a broad range for sentencing. The counter example is our system where mansluaghter is extremely narrowly defined and carries a maxiumum of 3 years (or 5)


Here it varies from state to state. It seems odd that there would be such a broad range for manslaughter. You would get such varying sentences from different jurisdictions.

Lincoln is offline Lincoln
King
TN
Jul 2000
time: 05:22
  Old Post 11-09-2002 20:12 Visit Lincoln's homepage!
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I was out late one night and when I returned for some reason I suspected something was not quite right (maybe the door was unlatched, I can't really remember). Anyway I went inside my house without turning on any lights. Then I hear someone upstairs and he heard me about the same time. i said something like, " what's going on?" He said, "I have a gun!" But then I recognized his voice as somone that I knew from my job at the prison (yes he was an inmate not a guard). So I said, "what are you afraid of?" That put him off guard and then he really did become afraid of me. Then I turned on the light and invited him to sit down and I asked him what he wanted. He said that he was broke and could not pay his rent. So I wrote out a check and gave it to him. His last words to me were (as he looked at the check) "Is this realy a good check?"

It was a good check and I never reported the incident to the police. Later I saw the man at prison on some other crimes and we became friends. he invited me to dinner with his wife and kids when he got out of prison.

Felch is offline Felch
Prince
Germantown, Maryland
Sep 2001
time: 00:22
  Old Post 11-09-2002 20:13
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quote:
Originally posted by Roland
Well isn't it the US where burglars, if they survive, can succesfully bring silly tort lawsuits ?

So it's a gamble: You get killed, tough luck. You get injured, you make a fortune in torts.


Yeah, but that's just an incentive to make sure they don't survive.

Roland is offline Roland
Emperor
Auf'm Jahrmarkt :(
May 1999
time: 06:22
  Old Post 11-09-2002 20:13
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"You would get such varying sentences from different jurisdictions."

Depends again on the appeals strcuture.

Tolls is offline Tolls
King
Hereford, UK
Jan 1970
time: 05:22
  Old Post 11-09-2002 20:16
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From the Guardian:

----
Hastings, a gas engineer, said he picked up a kitchen knife, intending to frighten the intruder. He said: "This guy has come running down the hall. He's gone: 'Right, you bastard, this is it' and he's got this big thing in the air. It was all dark, the curtains were shut and I couldn't see. It was long. I thought it was a machete. He attacked me and we started fighting. I was just trying to fight for my life, I was hitting him and hitting him, probably as hard as I could."

But the court was told that Williams, also of Tottenham, was stabbed 12 times in the back. Three of the stab wounds were potentially fatal and one penetrated the heart. It also turned out that Hastings' wife and family were not in the flat.
---

http://www.guardian.co.uk/uk_news/s...,789820,00.html

I expect he'll get 2-4 years, and the Daily Mail will kick off another campaign.

loinburger is offline loinburger
Emperor
Sweet Sauce Jones
Jul 1999
time: 00:22
  Old Post 11-09-2002 20:17 Visit loinburger's homepage!
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Lincoln:
Just curious: did the guy actually have a gun, or was he bluffing?

Lincoln is offline Lincoln
King
TN
Jul 2000
time: 05:22
  Old Post 11-09-2002 20:19 Visit Lincoln's homepage!
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quote:
Originally posted by loinburger
Lincoln:
Just curious: did the guy actually have a gun, or was he bluffing?


I never found out and I didn't ask him. He did not display one so it he had one it was in his pocket.

Lazarus and the Gimp is offline Lazarus and the Gimp
King
Whale-raping abomination
Aug 2000
time: 05:22
  Old Post 11-09-2002 20:19
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I suppose that in America, the houseowner might not face manslaughter charges.

He'd just face a $80,000,000,000 lawsuit from the burglar's family, neighbours and pedicurist.

Lazarus and the Gimp is offline Lazarus and the Gimp
King
Whale-raping abomination
Aug 2000
time: 05:22
  Old Post 11-09-2002 20:20
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quote:
Originally posted by Lincoln


I never found out and I didn't ask him. He did not display one so it he had one it was in his pocket.


He was just pleased to see you.

DrSpike is offline DrSpike
Deity
Enthusiastic member of Apolyton
Sep 2001
time: 05:22
  Old Post 11-09-2002 20:21
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Hold on Lincoln, I'm not able to reconcile your earlier opinions with what you did when faced with a burglar.

SpencerH is offline SpencerH
King
Co-Ruler of my patch of land south of Birmingham Alabama
Feb 2002
time: 23:22
  Old Post 11-09-2002 20:21
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Lincoln.

I have to say that what you did seems incredibly foolish to me. My training says either retreat and call for reinforcements (ie the police) or go in and ambush the bastard. Calling out just gives away the element of surprise.

Kaak is offline Kaak
King
Lost
May 1999
time: 23:22
  Old Post 11-09-2002 20:22 Visit Kaak's homepage!
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that is redamdiculous.

******overview of thought process*********
What was that noise? !!! I think it is a burglar..HOLY @$%#@ What do i do?! Well, I better turn on the lights to make sure that he has something that can hurt me so i can stab him. "Excuse me Mr Burglar, I'm scared, and i want to kill you for breaking in my house, but i need to know if you have any weapons first...


What kind of freakin idiots are the british?

Lazarus and the Gimp is offline Lazarus and the Gimp
King
Whale-raping abomination
Aug 2000
time: 05:22
  Old Post 11-09-2002 20:23
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The sort of freaking idiots who, on entering our houses and suspecting that a burglar is inside, are expected to step back out of the house and phone the police rather than stabbing the burglar 12 times in the back.

MikeH is offline MikeH
Emperor
Ming on rakastajani
May 1999
time: 05:22
  Old Post 11-09-2002 20:24 Visit MikeH's homepage!
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Because confronting them puts you in danger.

Kaak is offline Kaak
King
Lost
May 1999
time: 23:22
  Old Post 11-09-2002 20:26 Visit Kaak's homepage!
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lol...sure call the police. i agree with that. Someone will need to pack up/carry the body away after i am done with the sorry mother for violating my sh!t

Akaoz is offline Akaoz
Prince
Europe
May 2001
time: 05:22
  Old Post 11-09-2002 20:27
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If anyone is interested in how we do things in Norway, I’ll tell you.

We have a concept called “nødverge” (often translated to Self Defense, but it’s not quite the same thing.). This applies to all situations where you have to break the law in order to stop an “unlawful” attack on your person or someone else.

You are allowed to break the law to the same extend as the unlawful act you are trying to stop. Thus, if someone pulls a knife on you, that is considered deadly force and carries the same penalty as a gun. You may then us deadly force to protect yourself. Problem is, there are very few legal ways to carry a knife or gun in Norway, so you might face charges for carrying a weapon…

We have another concept called “nødrett” (roughly “emergency rights”. This applies to situations where you have to break the law to avoid a greater calamity. E.g. if you are caught ought in a blizzard and fear for your health/life, you are allowed to break into a cabin to seek shelter.

When it comes to things like shop-lifting, theft and burglary, “nødrett” applies. The only thing threatened is property and the use of force must be limited. In the case of petty theft <200$ it carries a maximum prison sentence of less then 6 months and you are not allowed to hold the person back until police arrives. This is because “frihetsberøvelse” (holding someone against their will) carries a 6 month sentence. However, as soon as someone commits a crime that carries a penalty greater then 6 months you are allowed to restrain that person until the police arrive.

In the case of catching a burglar in your house, you can detain him if you wish, but you are not allowed to harm him unless he tries to harm you. What level of force/threat you can use to detain him depends on the judge and jury mostly. If all he is trying to do is get away, and he isn’t holding on to your valuables, you are best advised to let him run.

This is a rough summary of Norwegian law, as civilians know it. I work for a private Security firm here in Norway, and I have worked with police and taken a number of exams/tests to be allowed to work with them. I am also a member of the Emergency Police Force, and a former military police.

Remember that in Norway the police are unarmed, and most of our criminals are to

-Alech

Lazarus and the Gimp is offline Lazarus and the Gimp
King
Whale-raping abomination
Aug 2000
time: 05:22
  Old Post 11-09-2002 20:31
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This discussion is a little premature, in any event. While the maximum penalty for manslaughter is life, it can also carry an absolute discharge. Or any sentence in between. Why not wait to see what he actually gets?

Akaoz is offline Akaoz
Prince
Europe
May 2001
time: 05:22
  Old Post 11-09-2002 20:34
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quote:
Originally posted by Felch X
People seem to act like America is savage because we kill people over property.


I think that being willing to kill to protect your TV is pretty savage and primitive, yes.

But that's not the only reason I think America is savage.

-Alech

Tolls is offline Tolls
King
Hereford, UK
Jan 1970
time: 05:22
  Old Post 11-09-2002 20:34
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We ought to have a Poly sweepstake on it...

Lincoln is offline Lincoln
King
TN
Jul 2000
time: 05:22
  Old Post 11-09-2002 20:36 Visit Lincoln's homepage!
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quote:
Originally posted by DrSpike
Hold on Lincoln, I'm not able to reconcile your earlier opinions with what you did when faced with a burglar.


I would not shoot anyone. It was just me and him. I have lived a full life already. I really don't know why I handled the situation the way that I did but it worked for his benefit. He never forgot it and I am glad that I did not handle it differently.

As far as other people acting differently I cannot expect them to be mister nice guy when they susect that their family is in danger. I loved these guys that I worked with at the prison. Many of them are my friends and I think they need to be shown something besides hate and retribution for their actions. But I cannot condemn someone who uses force. That is their decision and the law should not condemn them for making it.

Kaak is offline Kaak
King
Lost
May 1999
time: 23:22
  Old Post 11-09-2002 20:36 Visit Kaak's homepage!
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true. But the right to property is fundamental. I believe thatm because of greed, this man violated an absolute right, and, by doing, relinquished his right to protection under the law.

it just seems ironic that someone would be punished by the law for punishing someone who was breaking it. ( i know, i know, we had a long discussion on irony. Here it is: he was trying to protect his freedom, and property, and now he is going to jail where he will have neither.)

Thank god i live in texas.

 
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