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Can the student(s) face criminal charges in this case?

http://www.cnn.com/2009/CRIME/09/15/samurai.sword.killing/index.html

Re: Can the student(s) face criminal charges in this case?

I don't know about the US, but here the student might well face charges.

I would depend on if he took the weapon into the garage with him, or he picked it up there in the garage.

There are also several other factors to consider, and the report does not give us these facts.

Was the intruder armed?

Did the student have cause to beleive his life was in danger?

Did he react to the threat in the way thet a 'reasonable' person would have reacted?

It's a minefield.

Theres much more too, but in my opinion, for what it's worth..........

If the intruder hadn't been there he couldn't have got himself killed there.


Les

Re: Can the student(s) face criminal charges in this case?

I'm with Les on this, not enough info. In the UK, the student would probably face charges with prison time. Studies have shown that UK victims have fewer options (rights?) when dealing with criminals. In the States, it depends on the state. There are several states where the law is "defend yourself first, worry about the bad guy later". For most states though, the law is "defend yourself ONLY if he is an immediate threat to you or others and you have no way to escape". In Florida we have the "Castle Doctrine" where we don't have to attempt to escape (turn our back)from the criminal. The law is different in MD so I have a feeling that the sword wielding student is in for a rough time from the legal system.