Hopkins Student Uses Sword to Kill Intruder

[TransformX]

http://www.abc2news.com/mostpopular/story/Hopkins-Student-Uses-Sword-to-Kill-Intruder/-O5uBdWODkOMsx4zLpTS2A.cspx

Baltimore, MD - The home of three Johns Hopkins University students was burglarized twice in a matter of hours, but the second time, the burglar would not get away alive.

Sources say the between seven and eight o'clock Monday night a burglar broke into a home near East University Parkway and University Place. The burglar stole two laptops and a PlayStation.

A few hours later the home was broken into again. When the students heard a noise, one of them confronted the suspect in the backyard with a samurai sword.

The burglar tried to grab the student. But the student swung the sword, cutting off the suspect's ear and hand. The suspect bled out and died at the scene.

The student who killed the possible burglar was taken in for questioning by homicide detectives. Right now, it is still unclear whether he will be charged with a crime or if the sword attack will be considered self-defense.

[Dr Mordrid]

Down the page is interesting. Here in Michigan there wouldn't be much of a question as it would fall under our Castle Doctrine laws, the yard and garage being part of residence.

Self Defense? Legal Expert on Sword Attack

Confronted by a student wielding a samurai sword, the alleged burglar lost his hand and then he lost his life.

While the student had left his house and had entered a detached garage where he discovered the intruder, police say he still may have been within his legal rights to strike that fatal blow.

"People do have a right to defend themselves,” said Baltimore City Police Spokesman Anthony Guglielmi, “Samurai swords are not illegal here in Baltimore City and it's like going to your garage with a baseball bat."

[Brian Ellis]

Lucky he wasn't in France or any other country whose law is based on the Napoleonic Code. This has a felony of "non assistance Ã* une personne en danger" (not helping someone in danger). Under the circumstances, he would have the right to defend his property but, if he accidentally chopped off the guy's hand, he would be obliged to stop the bleeding or, at least, try to, using whatever means at his disposal. If he did not try, then he would be charged. OTOH, if chopping the hand was a deliberate act and he let the guy bleed dry, then that would be "meurtre" (US equivalent 2nd degree murder) as opposed to "assassinat" (1st degree). Manslaughter is "homicide par négligence".

[Dr Mordrid]

Attitude most places here is if you're a home invader the residents could drop a semi on your head if they wanted, less trouble for the cops & courts and an object lesson for familiars.

[KRSESQ]

Lucky he wasn't in France or any other country whose law is based on the Napoleonic Code. This has a felony of "non assistance �* une personne en danger" (not helping someone in danger). Under the circumstances, he would have the right to defend his property but, if he accidentally chopped off the guy's hand, he would be obliged to stop the bleeding or, at least, try to, using whatever means at his disposal. If he did not try, then he would be charged. OTOH, if chopping the hand was a deliberate act and he let the guy bleed dry, then that would be "meurtre" (US equivalent 2nd degree murder) as opposed to "assassinat" (1st degree). Manslaughter is "homicide par négligence".

The biggest problem with Napoleonic Code is that in a situation like this the stricken suspect is likely to be in shock and highly agitated, and possibly under the influence of a narcotic substance. Someone trying to render assistance to the suspect under such circumstances could themselves be injured before the victim loses consciousness.

And depending on the nature of the wound, as suggested in the article, a bleed-out can happen fast.

Taking down a burglar with a samarai sword is definitely Hardcore.

Kevin

[Brian Ellis]

Agreed, but it is sufficient to have tried.

[Tjalfe]

Hmm.. I guess I should sharpen my sword, the best it could do is give some nasty bruises

[Dr Mordrid]

Got swords and can use 'em, but I'll stick to my 12 gauge auto with buckshot or the P-239 .40 with hollowpoints.

[Fat Tone]

I'll stick to living in a country where home ownership of both is illegal.

[Evildead666]

Lucky he wasn't in France or any other country whose law is based on the Napoleonic Code. This has a felony of "non assistance �* une personne en danger" (not helping someone in danger). Under the circumstances, he would have the right to defend his property but, if he accidentally chopped off the guy's hand, he would be obliged to stop the bleeding or, at least, try to, using whatever means at his disposal. If he did not try, then he would be charged. OTOH, if chopping the hand was a deliberate act and he let the guy bleed dry, then that would be "meurtre" (US equivalent 2nd degree murder) as opposed to "assassinat" (1st degree). Manslaughter is "homicide par négligence".

"Non assistance a une personne en danger."
Leaving a crime scene with injured people, an accident with injured people, not stopping when there is anaccident with injured people,
Yes, having let him bleed to death, he would have been charged with something.

At least the burglar can't sue him for his missing hand, that would have been harsh...

Just have to be sure this was the PREVIOUS burglar.
If it isn't proven he was a burglar, ie nothing on him, then this might go another way...

edit : oh, and if he was holding the sword in case a burglar came back, it was premeditated, and he had a lethal weapon. I sure hpe he called the police after the 1st burglary, and not just after the incident.

[Dr Mordrid]

While in the US while there are 'good Samaritan' laws that protect those who help the injured avoid liability claims, laws that mandate you to help an injured person (duty to rescue) are very limited in the US; rescue workers, parents of minor children or those acting in loco parentis, spouses, etc. and then only under tort law (civil, not criminal, court).

The few jurisdictions that do have a duty to rescue statute are Florida, Massachusetts, Minnesota, Ohio, Rhode Island, Vermont, Washington and Wisconsin, but these laws are ignored by the people, lawmakers and police/prosecutors.

Cases are not brought because when they were juries routinely acquitted; US juries can do "jury nullification", basically second guess the prosecutor and find 'not guilty' regardless. Usually the logic is that the State has no business telling people they must do a risky thing, and a duty to rescue could well put someone passing by in danger against their will.

It is not only his right but also his duty... to find
the verdict according to his own best understanding,
judgment, and conscience, though in direct opposition
to the direction of the court.

—John Adams

The other 42 states do not have such laws.

Then there is the potential danger - even without a weapon and with serious injuries the perp had two good legs and could easily have injured the citizen before expiring. Ask cops about that, they see it every day. The best move is to back off and call authorities.

Bottom line: a bad move on the crooks part. It could have just as easily been a guy with a tire iron or someone like me with a 12 gauge autoloader filled with alternating 00 buckshot and .50 caliber/500 grain sabots. Either way the guy was screwed.

In the end the cause of death was his own stupidity.