I was just wondering whether or not it is legal to fight a duel in the US. Is there any law preventing me from making an agreement with someone to have a deathmatch with a sword or pistol? Would I have to go through any particular legal channels to organize a lawful duel?
Yes it is illegal.
Alright thanks. I just really wanted to know that
Per what?
Didn’t Michigan have to pass a new law to make assisted suicide a crime? (I’m lumping this into the same general category…agreeing to your own death.)
What does the law state, specifically? Is it federal or state?
Is there is a law that says you cannot make a contract with someone, whereby the outcome of that contract happens to be your death. (Except in Michigan, and other states where assisted suicide is illegal.)
In California fighting with or without deadly intent is illegal under the Penal Code sections 415 and 225 respectively.
Winning a duel to the death is not, however, murder. It is a violation of the dueling statute and gets you 2, 3 or 4 years in the slam and prohibits you from holding public office (and you second as well).
Another weird aspect is that a peace officer or judge who does not try to prevent a duel he (or she) knows about is subject to a $1,000 fine.
Last duel in California was the Fields Terry duel, and if my recollection serves me correctly, at least one was a State Supreme Court justice, if not both (both were politicians.) By that I mean my recollection of history, as this was a long time ago, somewhere near Lake Merced in San Francisco.
It’s not murder? Why not?
I’m no expert on California law, but Penal Code 187(a) seems to suggest that murder is “the unlawful killing of a human being … with malice aforethought.”
It may also be a violation of the dueling law, and maybe some law against discharging a firearm. But please explain, DPWhite, why participating in a duel that results in the death of your opponent is not murder, as defined in California. I would be fascinated to know.
- Rick
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[Edited by bibliophage on 10-08-2001 at 05:04 PM]
Because my source, the late, great Bernard Witkin said so when he talked about dueling, which is where I got my information from. The California Supreme Court considers Witkin to be a sufficient source usually. Reasonable minds may differ, but there is at least the argument for the non-murder side.
I would suppose the rational is that it was consensual, and assumed risk and there is a specific law laying out the crime and the penalty.
I doubt we will ever find out for sure though.
Witkin wrote these things, I used the wrong idiom. My apologies.
I’d like to say thanks for actually taking my question seriously. I had figured that there would be specific laws dealing with the subject and thought that this would be the place to find out. Thanks, once again.
Well, as I said, I am no expert on California law… but I am willing to bet that, should you emerge the winner in a duel fought today, you would face murder charges.
Perhaps you’d care to provide a cite for Bernard Witkin’s analysis of how this doesn’t fit the definition of murder. Frankly, the only possible defense I can see here is some sort of self-defense theory – which, given the duty to retreat, is iffy, at best. But since I don’t know California law, I couldn’t begin to tell you what the case law says about it.
- Rick
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- Interesting Sidenote: A local newspaper story reporting a firearms assault incident once said that in IL and MO (US states), any time a person goes to a hospital for a firearm injury, it is a law that the police must be informed immediately and must come to the hospital ASAP to make a report. Every time, even if you insist you shot yourself accidentally.
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I find this interesting because except for deadly communicable diseases (which is reasonable, considering), I have not heard of any other type of physical injury subject to such police procedures. - MC
- Interesting Sidenote: A local newspaper story reporting a firearms assault incident once said that in IL and MO (US states), any time a person goes to a hospital for a firearm injury, it is a law that the police must be informed immediately and must come to the hospital ASAP to make a report. Every time, even if you insist you shot yourself accidentally.
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I was watching a show about the Sturgis bike rally, and they were talking to an ER doc. He was treating a knife wound, and said that normally, they were required to contact PD, but During the rally, the cops were two busy.
It’s the same way in Kansas as well, MC, and IIRC from my Gun Dealer’s kit almost all States too.
Here in Canada, if you’re the winner of a duel to the death, you will be charged.
If you’re the loser, you won’t.
So, I guess you’ll just be taking a few friends and baseball bats over to kick the guy’s ass instead, eh?
[pointless trivia]
In Uruguay, duels are legal, providing that both contestants are blood donators.
[/pointless trivia]
(No, I did not verify this, but I love it, so I copied it from one of those useless stuff collections)
Drug overdoses (ie. heroin, et al) are required to be reported as well. If you count that as a physical injury that is. 
-Dani
There was a thread about this not too long ago and it was pointed out that in Kentucky, the oath for any public office requires an oath about not having fought any duels. You can find more by searching the Net.
I recall reading the CA duelling statute a few years ago, thinking how wierd it was. I also noticed that it’s illegal to agree to a duel in the state, and then cross state lines to perform the duel.
Although I don’t know the legal situation beyond that, I think the rationale can be understood. Both parties to the duel have formed a contract in which they acknowledge that their own deaths could result. It’s almost the same reason a football quarterback cannot charge someone with assault for merely trying to tackle him during the game.
That was pretty much my line of reasoning, panama. I figured it would just be a contract and that any resulting deaths would be an accepted hazard. Mayhap I should go do some more research on the subject.