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Bizarre Movie Type Hypothetical Murder Question

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Hershon

Member
What is the name of your state? CA

I'm trying to write some noir stories that were influenced in a bizarre way from Patty Hearst being convicted for Armed Robbery in spite the fact she was a kidnap victim and I would appreciate anyone giving me their opinions on how the law would handle these situations:

Premise 1: A guy has a few guns trained on him. He's told if he does not shoot and kill the person sitting down handcuffed in front of him, he will be shot and killed. He shoots and kills
the guy he was ordered to kill. Just then the cops come in. Does this guy get tried for murder? Will he be convicted? B. Same scenario except this time its a friend on the street with a bunch of guns on him and he's told to kill the friend.

2. A mans family is kidnapped. He's told if he doesn't shoot and kill his friend, his family will be killed. He shoots and kills his friend. Does this guy get tried for murder? Will he be convicted? I think this is a variance of a Johnny Depp movie theme.
 


Silverplum

Senior Member
What is the name of your state? CA

I'm trying to write some noir stories that were influenced in a bizarre way from Patty Hearst being convicted for Armed Robbery in spite the fact she was a kidnap victim and I would appreciate anyone giving me their opinions on how the law would handle these situations:

Premise 1: A guy has a few guns trained on him. He's told if he does not shoot and kill the person sitting down handcuffed in front of him, he will be shot and killed. He shoots and kills
the guy he was ordered to kill. Just then the cops come in. Does this guy get tried for murder? Will he be convicted? B. Same scenario except this time its a friend on the street with a bunch of guns on him and he's told to kill the friend.

2. A mans family is kidnapped. He's told if he doesn't shoot and kill his friend, his family will be killed. He shoots and kills his friend. Does this guy get tried for murder? Will he be convicted?
Yes, because I will be on the jury, and I am *WAY INTO* the death penalty, and I will talk all fellow jurors into voting with me.

:rolleyes:
 

CdwJava

Senior Member
Premise 1: A guy has a few guns trained on him. He's told if he does not shoot and kill the person sitting down handcuffed in front of him, he will be shot and killed. He shoots and kills
the guy he was ordered to kill. Just then the cops come in. Does this guy get tried for murder? Will he be convicted? B. Same scenario except this time its a friend on the street with a bunch of guns on him and he's told to kill the friend.
Yes, he can get tried for murder ... he can raise the duress or situation as a defense in court, but he can still be tried and he could be convicted.

2. A mans family is kidnapped. He's told if he doesn't shoot and kill his friend, his family will be killed. He shoots and kills his friend. Does this guy get tried for murder? Will he be convicted? I think this is a variance of a Johnny Depp movie theme.
Same as above.

There is no telling about the end result. It would depend on the state where the event occurs, the status of the law in those states, and the arguments presented in court by the respective attorneys.


- Carl
 

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