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78 year old was assaulted by a burglar. He fought back and is now in jail for murder.
The Police have the power to arrest if they need to detain a suspect for questioning in relation to a criminal offence, they do not however have the power to charge someone without consulting the Lawyers ay the Crown Prosecution Services (CPS) who will examine all the evidence and make a decision. It is the CPS who make the decisions and not the police, whilst the Coroner will order a postmorten and will return a verdict on the cause of death, and not the police.
The full circumstances of this case have not yet been released and even in the unlikely event that this did go to Court, which I very much doubt, it would be up to a Jury of ordinary people to decide what was reasonable in the circumstances and not the police.
Being arrested does not mean you are guilty of anything.
Can't believe it would need to go to trial. I would think the investigating team could make the determination on it being self defense . Seems like an open and closed case to me, and one less bad guy.
Of course, I have no idea how law in England works.
However, just this week, in Fort Worth, there was a homeowner that had his case considered by a grand jury. The homeowner had shot and killed a home intruder. The grand jury 'no billed' the homeowner, hence no charges. It was in fact an intruder.
That is actually the way the law works, in most states I imagine. Police are called to a home. The owner is standing over a dead body, killed by the homeowner. Homeowner reports to the police that he caught the intruder inside his house, shot, and killed him.
Now, oddly, the police are not authorized to simply say "Oh, okay then. We'll just drag the body off and you can go back to sleep". When a death is involved, it simply does not work that way.
There have been cases before where a homeowner makes such a claim (intruder, self defense, dead intruder), only for it to be subsequently discovered that the 'intruder' was actually a guest in the home, when an argument broke out, resulting in the death of the guest*. Said homeowner would claim 'intruder', hoping it would all go away. It does not work that way.
So, this is not an example of 'liberalism' run amok, if that was your intention in starting this thread.
*I have a specific case in mind; the homeowner was out drinking, and met a fellow heavy drinker at a bar; they went back to homeowner's house at closing time, got even drunker, began to argue, shots rang out, visitor dead, homeowner claimed he broke into the house. All fell apart when they traced his movements that night back to the bar.
Now, oddly, the police are not authorized to simply say "Oh, okay then. We'll just drag the body off and you can go back to sleep". When a death is involved, it simply does not work that way.
Just a few questions. I was always under the assumption that if charges are not brought up, there is no trial. How does that work ? If one isn't charged, how does the incident go to trial ? I'm pretty sure in self defense cases ending in the death of the perpetrator the victim gets arrested , until an investigation is completed. Then charges , if any happen.
Just a few questions. I was always under the assumption that if charges are not brought up, there is no trial. How does that work ? If one isn't charged, how does the incident go to trial ? I'm pretty sure in self defense cases ending in the death of the perpetrator the victim gets arrested , until an investigation is completed. Then charges , if any happen.
In Texas, the matter is referred to a grand jury. The district attorney then presents evidence (the homeowner, or defendant, is not allowed to do so). If the DA has determined that it is a case of self-defense, the grand jury will usually follow along and 'no bill' the defendant (i.e., no charges or indictment). If the grand jury determines otherwise, then an indictment is issued, and the criminal process, leading to trial, begins.
Texas, and many other states, follow the Fifth Amendment to the Constitution, which provides:
"No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation."
However, the Fifth Amendment only applies to Federal level. Oddly, this is one of the few Bill of Rights amendments that the US Supreme Court has not ruled is applicable to states via the Fourteenth Amendment. Nevertheless, many states, in their constitutions, adopted the language.
Texas, for instance, has its own Bill of Rights, which is Article I. Section 10, which states in part:
".. and no person shall be held to answer for a criminal offense, unless on an indictment of a grand jury, except in cases in which the punishment is by fine or imprisonment, otherwise than in the penitentiary, in cases of impeachment, and in cases arising in the army or navy, or in the militia, when in actual service in time of war or public danger. "
Sound a little confusing, that sentence? It is. As is the whole blasted Texas Constitution, which is why we enjoy, to date, 491 amendments to our Constitution.
Anyway, one goes to the penitentiary for felonies and certain misdemeanors. A grand jury is not required for most misdemeanors, such as traffic tickets.
A grand jury is always involved when there is a dead body.
Just a few questions. I was always under the assumption that if charges are not brought up, there is no trial. How does that work ? If one isn't charged, how does the incident go to trial ? I'm pretty sure in self defense cases ending in the death of the perpetrator the victim gets arrested , until an investigation is completed. Then charges , if any happen.
Good friend and my go to auto mechanic, Paul Sasstrup here in Austin. Caught a guy in his girl friends car stealing her Alpine stero system, when they returned from dinner on 6th street. Struggle ensued and the guy took off running with Paul right behind. The guy stopped as he ran out of breath and turned and came at Paul, to fight with a knife in his hand. Paul capped his ass and killed him.
Ruined 7 years of his life, before he was finally cleared.
Just a few questions. I was always under the assumption that if charges are not brought up, there is no trial. How does that work ? If one isn't charged, how does the incident go to trial ? I'm pretty sure in self defense cases ending in the death of the perpetrator the victim gets arrested , until an investigation is completed. Then charges , if any happen.
I'm no lawyer but I believe a grand jury serves as a collective 3rd party to determine if an indictment should be given.
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