50

It appears you want to go for a defense strategy based on a self-defense argument. This won't work in many jurisdictions, because self-defense usually doesn't apply when you intentionally caused a situation where you knew you would have to harm someone in self-defense. Similar case: Bob regularly mugs old women in the park by threatening them with a gun. ...


36

Applying the Model Penal Code, which is the law in most of the United States: By requesting that A kill B, you are guilty of soliciting murder. By reaching an agreement with A to pay to kill B, you are guilty of criminal conspiracy. Because A attempted to kill B, he is guilty of attempted murder. Because you solicited that attempt, you are an accomplice ...


32

Generally, no. The Computer Fraud and Abuse Act (CFAA), which is the law that generally forbids breaking into or damaging computer systems, does not have any exceptions for "hacking back." Congress has considered amending the law on multiple occasions (in 2017 and 2019) to add limited exceptions for so-called "active cyber defense," but ...


27

Laws on self-defense vary greatly from nation to nation. Generally, one cannot hunt down a hypothetical threat but one can defend against an actual threat or even a mistakenly assumed actual threat where no actual threat exists. Alice set it up so that Bob would feel threatened. In many jurisdictions, the self-defense defense for homicide rests on the state ...


8

Something like this? Darren organised a situation where he knew a fight or flight situation was likely - it is his responsibility to ensure the safety of all involved. This would also include a debrief afterwards to ensure no lasting mental damage to Bob. The setting would need to be safe. If Darren had left a dangerous weapon for Bob to get hold of then it ...


8

defend myself by killing the hit man. What crime(s) have I committed? Generally it would be manslaughter or [1st or 2nd-degree] murder, depending on whether premeditation can be proved. Justifiable homicide is ruled out because the client had the alternative of rescinding the agreement—perhaps subject to agreed constraints on reimbursement—as soon as he ...


7

The non-cougher committed an unjustified assault, and could be arrested or sued for his actions. The actions were clearly not the minimal level of force needed to prevent continued assault or to effect an arrest (the dude who entered and coughed clearly is guilty of assault). This is regardless of covid. Instead, the other guy decided to beat on the first ...


6

Is there a law against carrying items with an intent to use them in such a way? england-and-wales Yes The offence is possession of an offence weapon in a public place contrary s.1 of the Prevention of Crime Act 1953 (1) Any person who without lawful authority or reasonable excuse, the proof whereof shall lie on him, has with him in any public place any ...


6

No Section 18-1-704.5. (1) says that : The general assembly hereby recognizes that the citizens of Colorado have a right to expect absolute safety within their own homes. (*emphasis added) Subsections (2), (3), and (4) all refer to "any occupant of a dwelling" as the class authorized to use force by this section. An offie is not a dwelling. ...


5

Of course not. That would be equivalent to mugging a mugger back, or stealing from a thief. Your one defence might be that you set booby-traps in your firewalls, which automatically slapped the hacker down. Failing that, you would be committing a separate offence. In true self defence and the heat of the moment, you'd be entitled to kill a mugger. Mugging ...


4

“Never” is a very big word… If a burglar stabs someone in claimed self defense, then we have evidence that this was an armed burglary, so that won’t go down well for that burglar. And your rights to self defence are greatly diminished if you caused that situation illegally. So should you get into the situation, try to run away if at all possible. If you had ...


3

Does the castle doctrine apply in getting them to leave? No Short Answer: Reasonable force may be used to remove the guest as they have become a trespasser - killing them in the circumstances described would be unreasonable and excessive force. Long Answer: The Texas Castle Doctrine, referred to as Deadly Force In Defence Of Person at section 9.32 of the ...


3

Well, others have covered conspiracy and incitement to murder, I’d like to touch on another angle. So, ignoring those charges, you still aren’t home free. So, let’s give a little hypothetical background to take away some of confusion. You meet someone who shares the fact that he is a hitman looking for his next job, you say you have been out of a job for ...


3

The law on such matters within the US varies from state to state. In general a dog owner is responsible for taking "reasonable" measures to control the dog and prevent harm. What measures are reasonable will depend on the detailed facts. particularly important will be the previous history and actions of the dog. If a dog has a history of attacking ...


2

Because your buddy routinely points loaded firearms at you First, you should probably get friends who don’t do this but, even though this is objectively a threat, you know that you are in no danger (barring accidents). Self-defence is not justified. This is why there is the dual requirement that the danger is clear to both: an objective observer, and the ...


2

Anyone can use reasonable force to remove a trespasser from thier home, and anyone can use reasonable force to in self defence if they have an honestly held belief that they, or someone else, is in fear of imminent violence. There is no precise legal definition of what is reasonable and each case will be considered in light of its particular circumstances ...


2

The same way it is for every other self-defence case Whether the force used in a particular case is a matter of fact for the jury to decide, not a matter of law for the judge to dictate. One jury in one case may find that eye-gouging is reasonable, another in a different case may find that it is not. In particular, the jury must decide if the defendant ...


1

Some context is allowed to help the jury determine what is reasonable. The details of what comes in and what does not to provide context is very fact specific. Realistically, the defendant, at a minimum, gets to discuss his own thought process about what he feels made his actions reasonable which can provide some context of other incidents of which he was ...


1

Is this self defence? Yes German self-defence laws may be found in within Chapter 2, Title 4 of the German Criminal Code at sections 32 to 35: Section 32 Self-defence (1) Whoever commits an act in self-defence does not act unlawfully. (2) ‘Self-defence’ means any defensive action which is necessary to avert a present unlawful attack on oneself or another. ...


1

In German law, Notwehr is the (minimum required) defense against a present unlawful attack. B did not attack A, so A could not use Notwehr as a justification for shoving B.


1

It depends as proving your intention to provoke them into this can be non-protected speech under fighting words doctrine if Bob knew it would specifically provoke Dave to violence. If Bob instigated the altercation under these circumstance (both knowing and intending to provoke Dave to violence) he may be looking at his own assault charge. This would be ...


1

Generally, yes. Castle doctrine generally applies to anyone who is not trespassing on the property, not just the property owner. So long as you have permission from the property owner to be there, you can invoke Castle Doctrine. It should be noted that Castle Doctrine is not a law, but rather a legal theory of a narrow self-defense claim. In general, ...


1

To just reply to your question, not the particular case: Committing a crime can hurt your defense, but doesn't always make it impossible. It all depends on which crime you have committed. If you shoot a gun at me but miss me, and I shoot back (in justified self defense) and injure you, then you can't kill me and successfully claim self defence. Even if you ...


1

There was a case like that in 2010 in germany tl;dr synopsis of the German article: The police raided the private home of an alleged member of a criminal gang. This was performed as a no-knock raid. The police officers did not announce themselves as such when they started to break open the door. The suspect had reason to believe that a rival gang was ...


1

Has there ever been a successful defense based on "self-defense" in a case of a person charged with killing an on-duty police officer? england-and-wales YES Detective Constable John Fordham was on duty when he was killed by Kenneth Noye, a career criminal, who was found not guilty of his murder by successfully claiming self-defence. John was ...


Only top voted, non community-wiki answers of a minimum length are eligible