Justified Homicide in Marital Affair?

This is a discussion on Justified Homicide in Marital Affair? within the Carry & Defensive Scenarios forums, part of the Defensive Carry Discussions category; After joking around with a buddy of mine about his sex life I got to thinking about this after reading Ayoob's books on justifiable homicide. ...

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Thread: Justified Homicide in Marital Affair?

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    Member Array martino's Avatar
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    Justified Homicide in Marital Affair?

    After joking around with a buddy of mine about his sex life I got to thinking about this after reading Ayoob's books on justifiable homicide. Say you are having an affair with a married woman, her husband bursts in the room and attacks you with his fists, you raise your gun as he reaches in his jacket to grab "something" you shoot him. Later in court how do you look? was it justified? um...sure but this wasn't on the streets it was on the sheets. What were you doing there in the first place??? sounds like a tough call and a legal battle between prosecution and defense. Edit: oh and you (shooter) are also married.

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    Distinguished Member Array Madcap_Magician's Avatar
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    Sounds totally avoidable by following the Farnam Rule: Don't go stupid places, don't do stupid things, and don't associate with stupid people.
    Hakkaa päälle!

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    VIP Member Array TedBeau's Avatar
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    Quote Originally Posted by martino View Post
    After joking around with a buddy of mine about his sex life I got to thinking about this after reading Ayoob's books on justifiable homicide. Say you are having an affair with a married woman, her husband bursts in the room and attacks you with his fists, you raise your gun as he reaches in his jacket to grab "something" you shoot him. Later in court how do you look? was it justified? um...sure but this wasn't on the streets it was on the sheets. What were you doing there in the first place??? sounds like a tough call and a legal battle between prosecution and defense. Edit: oh and you (shooter) are also married.
    NOT GOING TO HAPPEN.
    I'll play along though, supposing he lives, and his wife is sorry she cheated on him, so their story is going to be he stopped a rape in progress of his wife, in his castle! I think your going to jail!

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    As you've identified, there often isn't black and white in a shooting (no matter how distasteful). This is why there are jurors, lawyers and judges. 'Precedence' if established would be referenced. Researching and establishing that precedence would be a portion of both attorney's billable work.

    Wrapping stupid activities around a firearm usually ends badly for all parties involved.
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    VIP Member Array wmhawth's Avatar
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    was it justified?
    Good question. Any way it shakes out though you can be sure it ain't gonna be pretty.

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    Member Array ak56's Avatar
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    Quote Originally Posted by TedBeau View Post
    NOT GOING TO HAPPEN.
    I'll play along though, supposing he lives, and his wife is sorry she cheated on him, so their story is going to be he stopped a rape in progress of his wife, in his castle! I think your going to jail!
    You have video to prove your story, right?

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    VIP Member Array First Sgt's Avatar
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    Reminds me of the Salesman Hubby that came home early one afternoon, heard a noise upstairs in the bedroom, eased up the stairs and cracked the door...lo and behold his nextdoor neighbor was there, taking care of business with his wife. The hubby slipped to the hall closet, grabbed the shotgun, eased back to the bedroom door, opened it, and shot his neighbor. In court, soon thereafter, the judge asked the hubby how he wanted to plead...Hubby says, "Your Honor, I am guilty, but I was a sportsman about it"...The judge, a bit confused, said, "What do you mean you were a sportsman about it"? Hubby smiled and said..."Your Honor, I hit him on the rise!!" Kinda sums it up for me...
    Sometimes in life you have to stand your ground. It's a hard lesson to learn and even most adults don't get it, but in the end only I can be responsible for my life. If faced with any type of adversity, only I can overcome it. Waiting for someone else to take responsibility is a long fruitless wait.

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    Distinguished Member Array ErnieNWillis's Avatar
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    I think this quote has been posted before. "Guns dont kill people. Husbands who come home early do."
    Last edited by ErnieNWillis; February 21st, 2011 at 12:49 PM. Reason: spelling

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    Distinguished Member Array kapnketel's Avatar
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    The law would be the least of your problems-how do you tell this story to your wife? "Ah, honey, you know that hot babe next door? Well I was over there in the sack with her when a funny thing happened..."
    I'd rather be lucky than good any day

    There's nothing that will change someone's moral outlook quicker than cash in large sums.

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    The place to settle marital disputes, and disputes with someone who has encroached on the marriage, is a courtroom.

    With that set of "facts" you could divorce your wife and turn her friend into a pauper, then spend your days laughing at them instead of looking at the inside of a cell.

    The gun isn't the solution to every problem.

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    Distinguished Member Array nutz4utwo's Avatar
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    Last I checked, having an affair is not illegal. Stupid yes, illegal no. So you are in the home as an "invited guest". If you face imminent assault and great personal injury from the husband, then yes, you can defend yourself under state law.

    this is kind-of a silly discussion, but I suppose it happens fairly often...
    "a reminder that no law can replace personal responsibility" - Bill Clinton 2010.

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    Quote Originally Posted by SamRudolph View Post
    Sounds totally avoidable by following the Farnam Rule: Don't go stupid places, don't do stupid things, and don't associate with stupid people.

    There would be no one to talk to.............

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    You shot a 'husband' where he had a legal right to be?
    You're going to look pretty stupid in court.OMO
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    Ex Member Array Kerby's Avatar
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    Sounds like the wrong person gets shot, I am 100% 2A and CCW supporter, in another mans home with another mans wife??? You are not smart enough to carry a gun in th first place.

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    Senior Member Array sdprof's Avatar
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    Quote Originally Posted by martino View Post
    After joking around with a buddy of mine about his sex life I got to thinking about this after reading Ayoob's books on justifiable homicide. Say you are having an affair with a married woman, her husband bursts in the room and attacks you with his fists, you raise your gun as he reaches in his jacket to grab "something" you shoot him. Later in court how do you look? was it justified? um...sure but this wasn't on the streets it was on the sheets. What were you doing there in the first place??? sounds like a tough call and a legal battle between prosecution and defense. Edit: oh and you (shooter) are also married.
    Considering the context, define "gun". Remember the saying, "This is my rifle, this is my gun. One is for killing, one is for fun." I see the ending of a bad pron film in this.
    ~~~~~
    The only common sense gun legislation was written about 224 years ago.

    I carry always not because I go places trouble is likely, but because trouble has a habit of not staying in its assigned zone.

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