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What happens in this situation
Topic Started: Jul 19 2013, 02:04 AM (1,495 Views)
+ Pelador
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Crazy Awesome Legend

Here's one for you legal experts out there.

A person is sitting in their room, minding their own business. Then a zombie walks in. Person stands and says to the zombie. If you are a person trying to play a prank on me please declare it now or I will have to destroy you. I won't give you another warning. Zombie continues to advance towards person. Person grabs scissors on his desk and stabs zombie in the head, killing it instantly. Turns out it was a person playing a prank after all.

How does this go down legally? It's not manslaughter because the intention to kill was there. However the person had no way of knowing if this was a real zombie or not. Does he get off with self defence or go down for murder?

I'd go with self defence. The person gave a clear warning for the zombie to stop and it didn't listen. For all the person knew, this was a real zombie and it had to be dealt with.


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POOHEAD189
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No matter what any of us would think of that, I cannot imagine any jury in the world buying the "zombie" argument.
Tha gaol agam ort. <3
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Crazy Awesome Legend

Well the body would be taken away still dressed like a zombie. Dozens of people would clearly see that this was a prank gone wrong. it wouldn't take a genius to figure this out.


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No person in their right mind would actually believe that it was a real zombie unless it looked incredibly real (as in rotting flesh, flies buzzing around it, etc.) In that case, there's no way someone could have been faking something like that. If they used that as their excuse, they'd be charged with murder.
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Crazy Awesome Legend

Unless the zombie looked completely unbelievable, I personally wouldn't take the risk of not stabbing it. The guy was given a clear warning to stop. I would have my scissors in my hand by this point already, making it obvious that I was serious about my threat.


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Copy_Ninja
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Novacane for the pain

Self-defence comes down to whether you fear for your safety (and crucially whether that fear is reasonable in the circumstances), so it would depend on the situation at hand and there'd be a lot of factors, such as how convincing the costume was, what they were actually doing and how they were acting etc. It's highly unlikely though that either a jury or a judge would buy it though.
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daman
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I am guilty sorry everyone. RIP Emile Griffith. Jeremy Kyle is a prick. go make sumin of urself

If it wasn't self-defense it'd be manslaughter in the UK, not murder. It'd only be murder if it was premeditated. If you kill someone in false judgement that wouldn't be premeditated.

I agree with the individual above. What's the "zombie" saying/doing exactly? Do they have an appearance that indicates they've already made victims of some poor non-scissor-wielding individuals?
“Making weed illegal is a little bit paranoid, don’t you think? It’s like saying God made a mistake, you know what I mean? It’s like, you’ve got the whole world and Earth and all its holy creations, right? And God is like, Hmm, lookit, my whole world in all its holy ways, and he’s like, Oh-my-me-oh-sh**, I left weed in here. Yeah right, I left weed in here. Oh, shouldn’t have smoked that joint on the third day.”
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POOHEAD189
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I am a paranoid motherfruiter, and even I would kick the zombie away before I start stabbing into the brain, at least until I am sure that this zombie is real and it's dangerous.
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Super Vegetto
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He goes down for murder/manslaughter. Zombie guy was just playing prank on him and he killed him. For all we know he maybe only whanted to talk, but not attack.

You have no right to take his life unless you and anyone else around can actualy see that this Zombie tryes to kill you...
Edited by Super Vegetto, Jul 19 2013, 11:29 AM.
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+ Clearin
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It would sort of be the prankers fault. People's will to survive is extremely powerful and they don't have time to think logically about a lot of things, so putting someone in a (what they think is a) life threatening situation like that, and continuing to do so after being stopped, should really not expect the prankee to just stand there and accept his fate.
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Super Vegetto
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Clearin
Jul 19 2013, 01:08 PM
It would sort of be the prankers fault. People's will to survive is extremely powerful and they don't have time to think logically about a lot of things, so putting someone in a (what they think is a) life threatening situation like that, and continuing to do so after being stopped, should really not expect the prankee to just stand there and accept his fate.
On court you can't say that you got scared and that's why you killed.

No one would buy that story...
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Crazy Awesome Legend

Why wouldn't they? If the zombie costume is convincing enough then it would be at least plausible that somebody might mistake it for a real zombie. Especially if they had some kind of existing mental condition.


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Super Vegetto
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Jul 19 2013, 03:35 PM
Why wouldn't they? If the zombie costume is convincing enough then it would be at least plausible that somebody might mistake it for a real zombie. Especially if they had some kind of existing mental condition.
There is no such thing as zombie. There is only too much movies/games in your mind that got you paniced and thus leading to kill random person for no reason.

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Super Vegetto
Jul 19 2013, 03:29 PM
Clearin
Jul 19 2013, 01:08 PM
It would sort of be the prankers fault. People's will to survive is extremely powerful and they don't have time to think logically about a lot of things, so putting someone in a (what they think is a) life threatening situation like that, and continuing to do so after being stopped, should really not expect the prankee to just stand there and accept his fate.
On court you can't say that you got scared and that's why you killed.

No one would buy that story...
I'm not saying it would get you out of trouble, I'm only saying it's pretty dumb to pull a prank on someone that makes them think they're in a life threatening situation because the humans will to survive is strong, and you should expect them to make rash decisions.
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+ Steve
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Greetings. I will be your waifu this season.

There are plenty of zombie make-up tutorials on the web these days and there are actually viruses that have "zombie-like" effects.

It would be foolish to instantly grab a weapon and kill the person/thing but if they persisted after a warning even more foolish to let them come at you, even if it wasn't a friend playing a joke it could be some weird way to murder someone.

If it wasn't at Halloween, a time were such pranks are understandable I'd say it shouldn't count as manslaughter or murder, but it probably would be treated as manslaughter.

Could be some weird serial killer fetish, why take the chance of losing your life in such a ridiculous way?
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Definitely not a succubus, fear not
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