I wonder how that would have played out in court?

[Alpo]

As you probably have noticed by now, I have a tendency to read something in a book or see it in a TV show or a movie and go off on a tangent. "If the character had done this, instead of what they did, I wonder what would have happened?"

 

In the television show I am watching right now we have Samantha and we have Wes.

 

13 years ago Samantha testified against Wes in a murder trial. This morning Wes broke out of prison and came looking for her.

 

Just as the elevator doors are closing Wes steps into the elevator and the doors shut behind him.

 

There are security cameras in the elevator.

 

And while they did not do this on the television show, I just idly wondered what would have happened if when escaped murderer Wes stepped in the elevator, Samantha pulled out a pistol and shot him dead? On camera.

[Sedalia Dave]

47 minutes ago, Alpo said:

As you probably have noticed by now, I have a tendency to read something in a book or see it in a TV show or a movie and go off on a tangent. "If the character had done this, instead of what they did, I wonder what would have happened?"

 

In the television show I am watching right now we have Samantha and we have Wes.

 

13 years ago Samantha testified against Wes in a murder trial. This morning Wes broke out of prison and came looking for her.

 

Just as the elevator doors are closing Wes steps into the elevator and the doors shut behind him.

 

There are security cameras in the elevator.

 

And while they did not do this on the television show, I just idly wondered what would have happened if when escaped murderer Wes stepped in the elevator, Samantha pulled out a pistol and shot him dead? On camera.

 

Samantha would be visiting the gray bar motel. Until he actually harms her, he is just a passenger on the elevator.

[Cold Lake Kid, SASS # 51474]

That sounds very Canadian.

[Sgt. C.J. Sabre, SASS #46770]

If she knew that he was looking for her, she would be in reasonable fear for her life. She'd probably be fine. I'm guessing, of course, that Wes didn't just start making small talk, and WAS threatening her.

Now if she was in some Big Blue city where guns are forbidden, she'd probably get charged for that.

[Chantry]

8 hours ago, Sedalia Dave said:

 

Samantha would be visiting the gray bar motel. Until he actually harms her, he is just a passenger on the elevator.

Maybe or not.  If Samantha's lawyer can convince the jury that she was in reasonable fear of death or grave bodily harm, she walks.  Another consideration is disparity of force, the average 13 year old girl is not expected to defend herself successfully against an adult male with her bare hands.*

 

*Although the person who provided a 13 year old girl with a gun will probably be going to jail.

 

And no, I am not a lawyer, I just read a lot.  Any legal comments by me are worth LESS than what you paid for them!

[Forty Rod SASS 3935]

9 hours ago, Sedalia Dave said:

 

Samantha would be visiting the gray bar motel. Until he actually harms her, he is just a passenger on the elevator.

 

20 minutes ago, Chantry said:

Maybe or not.  If Samantha's lawyer can convince the jury that she was in reasonable fear of death or grave bodily harm, she walks.  Another consideration is disparity of force, the average 13 year old girl is not expected to defend herself successfully against an adult male with her bare hands.*

 

*Although the person who provided a 13 year old girl with a gun will probably be going to jail.

 

And no, I am not a lawyer, I just read a lot.  Any legal comments by me are worth LESS than what you paid for them!

I agree.  It's going to depend on how good her attorney is.

 

But........she is  NOT  13 years  old.  She testified against the guy 13 years ago in his murder trial.

 

He's an escaped murderer who has hunted down someone who testified agains him.

 

Has he ever, in 13  years, made any threats against her....and  will anyone testify to it?

 

He deliberately followed her, got her alone, and she had reason to fear for her life.

 

Did she have a gun all this time (and if so, why) or did  she buy it when she found out that he had escaped?

 

I'm not an attorney, either, but my  wife worked for 28 years as a paralegal/ client representative for a very well-known attorney and I  saw a lot of what she saw and did, and I worked for her boss sometimes, and like it or not, it depends on how she looks compared to him....and how the jury (if it even goes to trial,) perceives her, and how well her lawyer has coached her.

[Chantry]

3 hours ago, Forty Rod SASS 3935 said:

 

I agree.  It's going to depend on how good her attorney is.

 

But........she is  NOT  13 years  old.  She testified against the guy 13 years ago in his murder trial.

 

He's an escaped murderer who has hunted down someone who testified agains him.

 

Has he ever, in 13  years, made any threats against her....and  will anyone testify to it?

 

He deliberately followed her, got her alone, and she had reason to fear for her life.

 

Did she have a gun all this time (and if so, why) or did  she buy it when she found out that he had escaped?

 

I'm not an attorney, either, but my  wife worked for 28 years as a paralegal/ client representative for a very well-known attorney and I  saw a lot of what she saw and did, and I worked for her boss sometimes, and like it or not, it depends on how she looks compared to him....and how the jury (if it even goes to trial,) perceives her, and how well her lawyer has coached her.

 

Oops, not sure where I got 13 years old from, but most of the rest of my comments remain valid as are yours.  This is a lot of missing information that would be relevant to the discussion.  Age difference, size and physical capabilities are all factors, not presented, that would impact a trial

[J. Mark Flint #31954 LIFE]

Escaped murderer tracks down witness and is alone with her.  Witness shoots him before he says or makes a threatening gesture. (it could be argued that being escaped and in the same elevator is adequate threat) DA could charge with 1st or 2nd degree Murder, manslaughter ... or... not be charged at the discretion of the DA. Different locales use different terms and the outcome would be very dependent on where you are.

 

And then there is Jury nullification....

[Sgt. C.J. Sabre, SASS #46770]

11 minutes ago, J. Mark Flint #31954 LIFE said:

And then there is Jury nullification....

I don't think that most people even know what Jury Nullification is. 

[Brock]

4 hours ago, Sgt. C.J. Sabre, SASS #46770 said:

I don't think that most people even know what Jury Nullification is. 

I do!

[Sgt. C.J. Sabre, SASS #46770]

5 hours ago, Sgt. C.J. Sabre, SASS #46770 said:

I don't think that most people even know what Jury Nullification is. 

 

49 minutes ago, Brock said:

I do!

So do I. I'd about bet that many of the denizens of the Saloon have, I just don't think that most people have heard of it. 

[J. Mark Flint #31954 LIFE]

Google does too!  https://fija.org/library-and-resources/library/jury-nullification-faq/what-is-jury-nullification.html

 

When I retired, I promised to not use big lawyer words if at all avoidable.  I guess nullification fits.  My apologies