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Oscar Pistorius trial discussion

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.....I think the lack of evidence that the offence was premeditated is the key to his acquittal of murder. Looks like he might be found guilty of the lesser Culpable Homicide, the tarrif of which is so diverse he could still walk or go to prison.
 
Just seems like a silly law really

"Why'd you shoot this man?"

"Because if I hadn't he would have stabbed me and I would have died"

"That's against the law. You should have let him stab you"

"But then I would have been dead"

"Not my problem. To prison with you!"

That's not even remotely what the law actually is, though.

You're misunderstanding it for comic effect.

Literally as long as you can prove your life was in danger, it's legal even if you're armed and the person you kill is buck naked and holding nothing at all.

What you can't do is shoot someone with a knife if they're not moving towards you, or there's an obstacle between you (such as the bathroom door in this case). Which you could if they had a long distance weapon like a gun.
 
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That's not even remotely what the law actually is, though.

You're misunderstanding it for comic effect.

Literally as long as you can prove your life was in danger, it's legal even if you're armed and the person you kill is buck naked and holding nothing at all.

What you can't do is shoot someone with a knife if they're not moving towards you, or they're's an obstacle between you (such as the bathroom door in this case). Which you could if they had a long distance weapon like a gun.

Damn right you cant shoot someone with a knife!!

A knife must be thrown....
 
That's not even remotely what the law actually is, though.

You're misunderstanding it for comic effect.

Literally as long as you can prove your life was in danger, it's legal even if you're armed and the person you kill is buck naked and holding nothing at all.

What you can't do is shoot someone with a knife if they're not moving towards you, or there's an obstacle between you (such as the bathroom door in this case). Which you could if they had a long distance weapon like a gun.

Sorry, have we met?

I mean, state the obvious
 
So, if they attack you with a knife, after you point a gun at them and say "I'll shoot you if you attack me with that knife" do you have to just let them stab you to death?
No mate. If he (or she of course, apologies ladies, don't mean to be sexist here, women can also be homicidal criminals) is attacking you with any weapon, you can shoot. Advancing toward you or your loved ones with a weapon, any weapon, is deemed to be "attacking". Also, if he's got a gun you can shoot, whether he is advancing or not. In these cases the law should rule that they are an "immediate threat".

But if say you have a gun and the intruder is standing at the end of the passage with a knife, you can't shoot. If they are hiding behind a door, you can't shoot. In those cases they are not an "immediate" threat. The intruder has to be attacking.

Of course this is all theoretical. The cops themselves tend to be sympathetic towards ordinary citizens, and the chances are quite good that an armed intruder could be linked to other violent crimes. If you do spatter an armed intruder's brains over the wall the forensics will have to be very cut and dried to get you convicted.
 

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