QUESTION
If someone holds a gun to your head and forces you to harm another or be killed, is it legally justified?
Asked on Oct 16th, 2012 on Criminal Law - Florida
More details to this question:
Trying to make a parallel argument justifying abortion in rape cases when countering the abortion=murder argument.
6 ANSWERS
If someone held a gun to my head and told me to kill you or he would kill me, do you think my killing of you would be justified? The law says no. You are justified in killing the man threatening your life or someone else's life if there is no other way to prevent your or someone else's death. But, you are not justified in killing an innocent party to save yourself. Besides, even if the killing were justifiable, your analogy is not valid because a woman facing pregnancy as a result of rape is not facing a threat of death.
Answered on Oct 17th, 2012 at 1:55 PM
Michael J. Breczinski
No killing someone because they forced you to do it is not a justification under the law. It may be to do some lesser crime like theft but never the taking of a life.
Answered on Oct 17th, 2012 at 1:55 PM
Bankruptcy Attorney serving Federal Way, WA
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Freeborn Law Offices P.S.
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Your question is very simplified. There are multiple other facts to consider. I think it would have to be viewed on a case by case basis, just as would gthe issue of abortion. Nothing is a simple as people want to make it.
Answered on Oct 17th, 2012 at 1:54 PM
John J. Carney
There is a defense of duress, but it is difficult to sell to a jury. If you could prove that a person put a gun to your head and forced you to rape a woman, you might not be convicted as you had little choice if it was reasonable for you to believe that the person would actually shoot you, and probably the woman as well.
Answered on Oct 16th, 2012 at 4:06 PM
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you are describing duress and/or choice of evils neither is available to justify murder or any killing of a person
Answered on Oct 16th, 2012 at 4:05 PM
Criminal Defense Attorney serving Deltona, FL
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R. Jason de Groot, P.A.
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Threatening physical harm to someone unless they do physical harm to someone else is called duress. Duress can be a valid defense.
Answered on Oct 16th, 2012 at 4:02 PM