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? 

14 Answers

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  • Cee
    Lv 7
    1 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.

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  • In
    Lv 7
    1 month ago

    In the situation described it would be considered self defense and would not be prosecuted.

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  • 1 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?

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  • 1 month ago

    Yes because it would be in self defence. I mean what are they doing kidnapping you?

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  • Bruce
    Lv 7
    1 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. 

    • In
      Lv 7
      1 month agoReport

      What doofus down-voted that?

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  • 1 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.

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  • 2 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.

    • Anon
      Lv 6
      1 month agoReport

      Anyone with any sense  wil shot him if he turns on Them with a gun.

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  • Anonymous
    2 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

    • Mike2 months agoReport

      Thanks for the response. Was having a conversation about it with one my buddies cause every state has different laws based on force. Just wanted to see if it applied in a captive situation. Thanks again!

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  • Sally
    Lv 7
    2 months ago

    Yes, they certainly can.

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  • Murzy
    Lv 7
    2 months ago

    Depends on the level of threat.

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    • Anon
      Lv 6
      1 month agoReport

      If simply Said he'd kill you but no Weapon, that is far less "level  " than a  knife at throat., Get it?

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