by k_semler » Wed 20 Jul 2005, 21:07:21
Kill what? A human, a coyote, a bird, a deer? a pet? what?
To kill a bird, all it has to do is shit on my car when I am at home. I have killed many blackbirds and magpies for that very reason, (or just because they are too noisy)
To kill a deer, all I would need to do is go get my hunting lisence if I was doing it for sport, or if hungry enough, just go out to the fields behind my house and take one down.
To kill a person's pet, (mine or somebody else's), it would have to be either suffering from an extreme amount of pain, (put it out of it's misery), or if it posed a direct threat to human of livestock.
To kill a coyote, all it has to do is get within 50 yards of the pasture. I will NOT have my animals killed by a coyote, and I will not have my dog in pain to fend of an attack on the home.
To kill a human, it would only be done if my life or property, or another's life were in extreme danger, and no other action could be taken I would consider this to be a justifiable homicide. Washington State has no legal requirement to attempt to retreat before deadly force can be lawfully employed. A few applicable statures:
RCW 9A.16.020; Use of force -- When lawful:
(2) Whenever necessarily used by a person arresting one who has committed a felony and delivering him or her to a public officer competent to receive him or her into custody;
(3) Whenever used by a party about to be injured, or by another lawfully aiding him or her, in preventing or attempting to prevent an offense against his or her person, or a malicious trespass, or other malicious interference with real or personal property lawfully in his or her possession, in case the force is not more than is necessary;
(4) Whenever reasonably used by a person to detain someone who enters or remains unlawfully in a building or on real property lawfully in the possession of such person, so long as such detention is reasonable in duration and manner to investigate the reason for the detained person's presence on the premises, and so long as the premises in question did not reasonably appear to be intended to be open to members of the public;
(6) Whenever used by any person to prevent a mentally ill, mentally incompetent, or mentally disabled person from committing an act dangerous to any person, or in enforcing necessary restraint for the protection or restoration to health of the person, during such period only as is necessary to obtain legal authority for the restraint or custody of the person.
RCW 9A.16.030; Homicide -- When excusable:
Homicide is excusable when committed by accident or misfortune in doing any lawful act by lawful means, without criminal negligence, or without any unlawful intent.
RCW 9A.16.050; Homicide -- By other person -- When justifiable:
Homicide is also justifiable when committed either:
(1) In the lawful defense of the slayer, or his or her husband, wife, parent, child, brother, or sister, or of any other person in his presence or company, when there is reasonable ground to apprehend a design on the part of the person slain to commit a felony or to do some great personal injury to the slayer or to any such person, and there is imminent danger of such design being accomplished; or
(2) In the actual resistance of an attempt to commit a felony upon the slayer, in his presence, or upon or in a dwelling, or other place of abode, in which he is.
RCW 9A.16.110; Defending against violent crime -- Reimbursement
(1) No person in the state shall be placed in legal jeopardy of any kind whatsoever for protecting by any reasonable means necessary, himself or herself, his or her family, or his or her real or personal property, or for coming to the aid of another who is in imminent danger of or the victim of assault, robbery, kidnapping, arson, burglary, rape, murder, or any other violent crime as defined in RCW 9.94A.030.
(2) When a person charged with a crime listed in subsection (1) of this section is found not guilty by reason of self-defense, the state of Washington shall reimburse the defendant for all reasonable costs, including loss of time, legal fees incurred, and other expenses involved in his or her defense. This reimbursement is not an independent cause of action. To award these reasonable costs the trier of fact must find that the defendant's claim of self-defense was sustained by a preponderance of the evidence. If the trier of fact makes a determination of self-defense, the judge shall determine the amount of the award.
(3) Notwithstanding a finding that a defendant's actions were justified by self-defense, if the trier of fact also determines that the defendant was engaged in criminal conduct substantially related to the events giving rise to the charges filed against the defendant the judge may deny or reduce the amount of the award. In determining the amount of the award, the judge shall also consider the seriousness of the initial criminal conduct.
Nothing in this section precludes the legislature from using the sundry claims process to grant an award where none was granted under this section or to grant a higher award than one granted under this section.
Here Lies the United States Of America.
July 04, 1776 - June 23 2005
Epitaph: "The Experiment Is Over."
Rest In Peace.
Eminent Domain Was The Murderer.