Can a hostage kill their assailant? ?
Title says it all basically. If someone is abducted and held hostage and it becomes a police standoff but can overtake the person that abducted them. Can they kill them in self defense without being arrested?
- CeeLv 71 month ago
They are certainly allowed to defend themselves in a hostage or kidnap situation and I doubt any court would be hellbent trying to prosecute if the kidnapper was injured or killed.
- InLv 71 month ago
In the situation described it would be considered self defense and would not be prosecuted.
- Obi Wan KnievelLv 71 month ago
I guess it depends on the exact situation. You can't just off somebody and claim they were holding you hostage, then get a free pass. There will be questions to answer.
And what if someone with multiple personality disorder threatens to kill themselves? Does that count as a hostage situation?
- 1 month ago
Yes because it would be in self defence. I mean what are they doing kidnapping you?
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- BruceLv 71 month ago
The legal standard to kill a kidnapper is the same as anyone else, you can only use deadly force if you can articulate an immediate danger to your life or the life of another person.
- James BlackleyLv 71 month ago
Certain countries have different definitions of what is and isn't considered to be self defense, its a tricky area to say the least!
In Canada where I live, a person cannot be convicted of killing another IF they believe serious bodily harm or death will occur to them, or to others. For instance if someone has a knife on you and its pressed to your throat and you end killing them with a blow to their heart, legally THAT would be self defense.
Now lets apply your situaton here- What is occurring in the situation? Is the hostage taker attempting to attack others? Is he/she merley just holding a person(people) in a room and not allowing to leave but without being violent? It all comes down to intents here! If the hostage taker is physically trying to harm/kill others and you kill that person, it's self defense 100%, Now, if its a standoff, and you are merely killing that person to escape, it would legally not be self defense and you're looking at a 2nd degree murder charge.
Even in cases of self defense, usually the person is arrested and charged with 2nd degree murder/manslaughter! It's then up to the defendant to hire a good criminal laywer, and explain his side of the story, if it is self defense it comes out in court and charges are tossed.
- STEVEN FLv 72 months ago
The hostage can legally use whatever necessary force is required to escape.
Note: You NEVER try to kill the abductor. You use necessary force to escape and/or prevent further injury to yourself or other victims. If that result in the death of the abductor, so be it.
Update to comment: Anyone with any sense knows that the victim CAN'T shoot in the scenario presented because even INCOMPETENT kidnapper wouldn't leave the victim with a gun.
- Anonymous2 months ago
That's an absolute yes friend when a person takes you hostage they are usually in possession of deadly weapons that's why you're a hostage. And you fear to resist because of a threat to your life. If you get the chance to turn the tables you blow the head off of your captor. Nobody is going to press charges on you
- SallyLv 72 months ago
Yes, they certainly can.
- MurzyLv 72 months ago
Depends on the level of threat.