Is there any law in any state that would allow you to kill a 3rd party to escape being killed yourself? (If there were, I’d probably opt for not living in that state)
Comment on Men Harassed A Woman In A Driverless Waymo, Trapping Her In Traffic
Zak@lemmy.world 1 month agoIf I feel threatened in my car, I am not allowed to run over the person
You are not allowed to run people over merely because you feel threatened.
You are allowed to use deadly force, in the USA when you reasonably believe that it is necessary to prevent someone from unlawfully killing, causing serious physical injury, or committing a short list of violent felonies. The harassment described in the article probably does not rise to that level, though an ambitious lawyer might try to describe intentionally causing the car to stop as carjacking or kidnapping.
MsPenguinette@lemmy.world 1 month ago
NotAnotherLemmyUser@lemmy.world 1 month ago
What do you mean by “allow you to kill a 3rd party”?
Like if rioters are breaking into your window and start trying to pull you out through it, then you floor it and kill someone else in the crowd who wasn’t actively breaking into your car?
This is something that’s going to vary from state to state, but ultimately it will be a case by case decision where a jury will decide if the use of deadly force was reasonable.
You will be judged based on other’s perception of the events, not based solely whether you yourself thought you were in danger or not.
So, someone trying to “drive slowly” through a group of protesters would probably be found at fault, while a car that was stuck trying to wait patiently suddenly having a Molotov cocktail thrown on it would be judged differently. Even then they will need to consider whether you could have just gotten out of your car and run.
AA5B@lemmy.world 1 month ago
Sure, there are some states that let you mag dump through your front door if someone rings the doorbell
tal@lemmy.today 1 month ago
I vaguely remember reading in my criminal law textbook, years back, that murder is one of the few exceptions to the doctrine of necessity, so I don’t think that it’s ever legally-permissible to explicitly kill some random person to save yourself or someone else. IIRC the rationale was that it prevents thing like terrorist groups from coercing someone to do actions for them by threatening someone else.
That being said, there are obviously points where people are forced to take actions where either one group of people is going to die or another; in ethics, the trolley problem is a well-known example. For a maybe-less-artificial problem, closing hatches in a ship where not everyone is out of a compartment to prevent the ship from going down, say. I don’t know how law applies in the situation of weighing lives; my assumption is that it doesn’t mandate inaction.
Kusimulkku@lemm.ee 1 month ago
Yeah somehow I don’t think tipping a fedora counts lol
Zak@lemmy.world 1 month ago
It’s likely the harassers can be prosecuted for false imprisonment, a misdemeanor. It is illegal to use deadly force such as hitting people with cars to prevent/terminate a misdemeanor.