Dumb question

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Dumb question

Post by Snoggledog @ Mon Mar 31, 2008 7:04 pm

As I know almost nothing about law I thought I'd ask the question...

After watching the beeb the other day I heard mention of someone who'd perpetrated an act upon someone else and had been found guilty of "Unlaw Murder". My question is... Is there such a thing as "Lawful Murder"? If so how can murder be lawful?
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Re: Dumb question

Post by Mattt @ Mon Mar 31, 2008 7:30 pm

Execution is lawful murder.
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Re: Dumb question

Post by One MoreDonkey @ Mon Mar 31, 2008 7:31 pm

The killing of one human being by another is called homicide. Every homicide falls within one of these four classes: One, justifiable homicide; two, excusable homicide; three, murder in the first, second or third degree; and, four, manslaughter.

The circumstances of each case determine whether a homicide is justifiable, excusable, murder or manslaughter.

Justifiable homicide and excusable homicide are lawful. Murder and manslaughter are unlawful and constitute violations of the criminal laws.

The essential elements of unlawful homicide, together with other matters that must be proved beyond and to the exclusion of every reasonable doubt before there can be a conviction in this case


more here if your interested

http://bulk.resource.org/courts.gov/c/F ... -3646.html
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Re: Dumb question

Post by Careless Whisperer @ Mon Mar 31, 2008 7:46 pm

coolcatmaz wrote:
The killing of one human being by another is called homicide. Every homicide falls within one of these four classes: One, justifiable homicide; two, excusable homicide; three, murder in the first, second or third degree; and, four, manslaughter.

The circumstances of each case determine whether a homicide is justifiable, excusable, murder or manslaughter.

Justifiable homicide and excusable homicide are lawful. Murder and manslaughter are unlawful and constitute violations of the criminal laws.

The essential elements of unlawful homicide, together with other matters that must be proved beyond and to the exclusion of every reasonable doubt before there can be a conviction in this case


more here if your interested

http://bulk.resource.org/courts.gov/c/F ... -3646.html


Ah yes, but by that definition murder is always unlawful. So lawful murder is an oxymoron.
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Re: Dumb question

Post by wasted years @ Tue Apr 01, 2008 7:21 am

Back in the days of executions after the event an inquest would be held to determine if the execution was lawful.
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Re: Dumb question

Post by Snoggledog @ Tue Apr 01, 2008 6:13 pm

coolcatmaz wrote:
The killing of one human being by another is called homicide. Every homicide falls within one of these four classes: One, justifiable homicide; two, excusable homicide; three, murder in the first, second or third degree; and, four, manslaughter.

The circumstances of each case determine whether a homicide is justifiable, excusable, murder or manslaughter.

Justifiable homicide and excusable homicide are lawful. Murder and manslaughter are unlawful and constitute violations of the criminal laws.

The essential elements of unlawful homicide, together with other matters that must be proved beyond and to the exclusion of every reasonable doubt before there can be a conviction in this case


more here if your interested

http://bulk.resource.org/courts.gov/c/F ... -3646.html

Hmm. Seems to be true for the States.. How does that play out in the UK though?

Groomi wrote:
Ah yes, but by that definition murder is always unlawful. So lawful murder is an oxymoron.

My point exactly. And the reason why I asked the question..

wasted years wrote:Back in the days of executions after the event an inquest would be held to determine if the execution was lawful.
:shock:

So... Is Lawful Murder an actuality or not?

Lawful Killing for example (if it exists in the UK) I would take as something perhaps the armed forces or security services would be allowed to do.
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Re: Dumb question

Post by wasted years @ Wed Apr 02, 2008 7:09 am

That'll be the usual bad commentary - murder is unlawful whereas state execution isn't and as such it is called execution and not murder. No such thing as a lawful murder.

HTH
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