Who should go to jail?

a man comes home from work and finds his wife naked under a guy in the back yard. He's pissed that she is cheating on him. She starts screaming rape. He realizes his error and pulls out a gun. The other guy starts running away and the husband shoots and kills him.

The man is the wife's lover. She wasn't being raped. Should the husband go to jail or should the wife for the lover's death?

 

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Ooh. Tough one.

I'd say the husband for acting rashly and taking the law into his own hands. The alleged rapist was leaving the scene and was therefore no longer a threat. The husband should have called the police.

 

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what about the wife? She got caught with her boyfriend, not a rapist. Would the husband have done what he did if she hadn't yelled rape?

 

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Both.
The husband for the murder and the wife for adultery and "dood door shuld" (Dutch legal term, meaning 'death by blame').

 

adultery isn't a crime in the US. You can sue for alienation of affection, but you can't be arrested for it.

 

Hmm ok.
Any idea what the English term for "dood door schuld" is ?

 

Probably. She's a skanky whore and he probably would have shot her anyway.

 

http://www.msnbc.msn.com/id/24441428/

here in the US, she goes to jail and the husband walks. I was surprised he isn't looking at jail for shooting a man driving away, but things are different in TX.

 

Neither of them should go to Jail. The husband thought his wife was being raped and so did what anybody would do. After all, the guy was on his property raping his wife. I believe the law states that it is ok to use deadly force to protect oneself and ones family. He did nothing wrong
The wife on the other hand, while she may be a lying slut, didn't break the law in any way.
Although I do think adultery should be a crime punishable by law.

 

I can't understand them letting him walk even if they find the wife partly, or even mainly, to blame. Those wacky Texans.

 

The husband would be convicted of manslaughter over here. He'd be doing at least a 3-spot.
Wifey would also probably not get a murder but a manslaughter rap, 'coz of the reasonable doubt that she didn't intend the victim's death. Actually, this would probably be the case even if an independent witness testified to hearing a woman shouting "shoot him!", or "kill him!".

Hubby would also have a big problem with the illegal handgun, that he happened to have on him (presumably fully loaded).

 

Manslaughter wouldn't stand in the UK, it would be murder. The kind of man who carries a handgun with him and can pull it that fast and drop a man without questioning is not exactly blameless when you weigh it up. He is guilty of murder since rapist or not the man doesn't have the right to kill the someone, and it's a bit hot headed to kill someone without any evidence.

 

Wouldn't a UK trial look at "diminished responsibility", or the temporary insanity clause? Replace "handgun" with "crowbar", or "hunting rifle".

 

"A bit hot headed"?

 

Depending on his solicitor he might get off with it. Some solicitors here are far from ethical and will get anyone off.

 

A high percentage of Texans, both male and female, carry guns. Its legal to do so since most of them have a license. And considering the husband wasn't charged for the weapon, I'm guessing he had a license to carry a concealed weapon.

 

You only get a licence here for a handgun if you're a cop or a member of a private gun club - even then, actually carrying around a loaded weapon is an offense, unless you're a cop on duty or a member of a tactical squad, or on army training, or out hunting (that's with a rifle).
But "in public, or a public area", you get busted, cuffed and stuffed.

IOW owning guns isn't illegal, for joe public, but loading them and carrying them around is.

 

Shooting a fleeing (and in this instance presumably naked and therefore unarmed) man in the back is murder plain and simple.

If he's on top of your wife, and you are standing and armed you have plenty of opportunity to restrain the perp (if indeed he is one) until authorities arrive and sort things out

 

Are you actually American Orleander? I have noticed you spell a lot of words the Brit way (ie. humour not humor, and use S in place of Z). I could be wrong since I am not American and don't know whether it is not uncommon to use GB english in the states sometimes, just made me wonder.

An as many others have stated including me it's still murder ["shooting a fleeing (and in this instance presumably naked and therefore unarmed) man in the back is murder plain and simple" synth] whether or not his weapon was legal.

 

Without evidence :bugeye:

Isn't seeing someone balls deep inside your wife while she screams "RAPE" evidence enough???

I know if I caught someone raping my wife, he be taking a dirt nap! I'm sorry, but I'd shoot first and question later. I wouldn't give the mother fucker a chance to get away.
Shit even if it wasn't rape and some dude was just pokin my wife, he'd be a bloody mess when I'm done with him.