Patricide

[sojourn26]

In this article here (http://www.ohio.com/bj/news/pageone/docs/003559.htm) a 13 year old boy shot and killed his father after a night of abuse from his intoxicated father. Officials do not yet know if he will be tried as an adult.

Now, I come from a household w/ an abusive father, and at times I had thought that I might have to result to violence. I believe that this kid should be released since the boy was trying to protect himself from his father. Granted that the father was asleep at the time, but apparently this occurrence happened often enough for the boy to feel threatened for his life.

Child services was aware of what was happening in the house, but if they had done anything, the boy would not be there. The police also knew, yet they did nothing. Justice was met and another worthless father will no longer abuse the boy again.

I think that he should be released. He was a young boy defending himself the only way that he could from further abuse since no one else stepped in to help. What do ya'll think?

[Ankh_Too]

I think it's way, way too early to decide whether or not the kid should be released, particularly based on a single news article. There is a good chance the whole thing will be classified as "justifiable homicide" or the local equivalent, particularly since there has been a documented history of violence within the home. But, at the same time, there are a few questions raised in the news story. As far as I know, deadly force can only be used when you have a reasonable belief that your life, or someone else's is in immediate danger from the individual. The following passages are going to make that a little difficult to prove"


So Aaron said he waited until his father was ``slumped over in sleep.'' Then he got the gun and shot him in the head.

....

The dispatcher asked Aaron how he got the gun, and he told her he took it when his father fell asleep.

``And you just decided to shoot him?'' the dispatcher asked.

``Yeah,'' he answered again.


I'm sure that if the case goes to trial Aaron's defense attorney(s) will put forth a reasonable explanation of how a drunk sleeping man would present an immediate danger to him, but it does present significant problems to the idea of justification.