Is there a difference between revenge and self-defense in some cases?

Question

My father was a police officer who was murdered in my home when i was 15 by a thief, the murderers name was Charles Anderson. He is doing a life sentence in a prison in California. He will not get out, but if he were too, I might find it difficult not to take his life.

My question is, say he was to get out, now five years later, and I went into his home, and shot him. I would be prosecuted, and serve time for murder.

Now say I happened to be home the night of the murder and took this mans life after he shot my father. It would have been self defense being the man was armed, and was in my home, and I would have not done time.

What is the real difference? How would I not be justified either way? Despite the mans life sentence, this question still wears on me. Please help me if you have an opinion on the matter.

Educated answers only please.

Answer 1

I think it would be counted as self defense because when he broke into your house and... killed your dad; you could have been in danger too and the thief obviously was a serious threat.

So better you him a murdering thief than you an innocent teenager...

Answer 2

Well in the case of killing him should he have been released the judge would rule it a homicide because you were not in danger at the time.

If someone breaks into my house and I attack him thats one thing....but years later I without any provocation go to his home and kill him...it will be very hard to prove that I did so because I was currently endangered by him. It would seem more like you took the law into your own hands vs you just wanted to protect yourself.

Even if I go kill a know child rapist/murdere I would still be tried for murder and rightly so because I took the law in my own hands and killed based on my own thoughts.......it shouldn't be allowed because if everyone did this innocent people are bound to be killed.

Answer 3

You pretty much answered your own question. I am very sorry you lost your father and that you have to go through this. The difference is, in one case your defending your home and family. In the other case your no better than the criminal who did this. Here is the best way to deal with it. Make sure you and family members always go to the parrol hearings and I garauntee he will never get out. Dont let him win by taking your life away too. Live your life and make the best of it the way your dad would want you to. Get some counseling if you haven't already, before this escalates and ruins your life. Make your dad proud in everything you do.

Answer 4

this is too simple to believe you don't get it - if person x kills person y in person y's house then that is a crime.

if person y kills person x in person y's house, depending on circumstances, that MAY or MAY NOT be justified.

plug in your name,  and Anderson's name.

see how it works?

that is the rational answer, but I know you already know that.

this is the emotional answer:

you are going to have to live with this forever. that means you are going to have to learn how to not let it eat you up inside. it doesn't mean forgive and forget, or dishonor your father, but I am sure he would not want you to ruin your own life emotionally by focusing on this to the detriment of your own happiness.

I suggest that you find a therapist to work on these issues with. Maybe through school, church, or whatever other means you have available. Your life, which is still ahead of you, will be so much more rewarding, I assure you.

Answer 5

dont do it.

hes not worth it

and it would only bring you down to his level.

your father wouldnt want you to do it.

your better than him.

Answer 6

The only difference between Revenge and Self Defense, is that Revenge would be doing it with out remorse or feeling, and Self Defense would be if someone was attacking you and you couldn't do anything else but to take the man's life.  It depends on what the judge will have to come up for your punishment.  who knows if it was for Revenge then the judge might put you in prison for a very very long time, and it was out of Self Defense, then the judge might only put you in prison for a few years or maybe 10 at the most.  But both ways you will still end up going to jail if you killed some one.

Answer 7

i think of it like this at any time you could have gotten away its murder.

Answer 8

The first sentence is murder twice.

The second sentence is murder.

The third sentence is self-defence.

The fourth sentence. You can not use

"revenge as self-defence." <}:-{(

Answer 9

the difference is that u will have been hurt, but not now. also he has served time so maybe he has learned his lesson.

Answer 10

I understand what you are saying, but nobody ever claimed that the legal system was fair.  Yes, shooting him that night would have been self defense, but hunting him down after he was released from prison would be premeditated first degree murder.

I know why you would want to, and I would most likely do the same thing in your place.  My husband has said many times that he wouldn't hesitate to eliminate anyone that hurt one of our children.  He would happily serve whatever sentence he was given knowing that true justice was served.  I would happily wait for his release, and make sure he had a hero's welcome.

The thing is that justice is rarely served to the satisfaction of the victims and/or their families.  I guarantee you that if it were, crime rates would drop like a stone.  

Answer 11

revenge is a crime of passion. a lot of feelings involved. planning. it can become premeditated.

self defence is instant. an instinct. its not a crime but the previous is.

Answer 12

Self Defense is where your life is in grave danger and the only way is to harm another to save yourself

Revenge is basicly just bloodlust in your situation

Answer 13

uh thats a tough question! um no!

Answer 14

sorry but it is murder after the fact!  u may pray for your father! and if u get revenge ul cause problems for ur father in the afterlife! which I,m sure u don.t want to do !     jus pray because god will deal with the killer when it is his or her time!        pray and god bless!        

Answer 15

First of all, really sorry about your Dad.

I can plead self defence if I kill someone as a result of the person placing my life in immediate danger, and if there's no other way to stop them. If that's not the case, then I don't have a plea of self-defence.

Fairly simple, really.

Answer 16

This is the scenario:

He gets out 5 years later. You find out about this. You buy a gun and drive to his house. You kill him. That is murder in the 1st degree which can get you anywhere from a life sentence to the death penalty which would be determined in the sentence hearing.

If you were in the house and he was armed, that's a different story. Say, you were downstairs and the killer kills your father upstairs and starts to try to climb out the window. You run upstairs with a gun and as your suspect/perpetrator is climbing out the window and you aren't in any eminent danger because he has his back to you and you shoot him, that could be called manslaughter arguably. But if he came down, it is self defense.

Answer 17

I am very sorry for your loss mate. If it were me I would kill that son of a b*tch without being caught.

If you kill him you go to jail though.

Sorry.

Answer 18

I think that if he's in your house and is a threat, you have the right to kill his as defense. You going to his place would be revenge, and would be convicted to the same degree as when he killed your father. In my opinion, I think the death sentence would be better for him in that case. You could have asked to be the one to initiate it.  

Answer 19

Listen revenge would be a motive a strong one and you would be entirely suspect if what you are thinking was possible. After the death of your father you have found no peace with the thought of him being in prison for life, so you see revenge is not the answer you really want. I am no armchair shrink. Just someone who knows violent hand to hand  combat first hand from my experiences in the military. I have many cop friends including a Homicide/Detective and believe no one in law enforcement would want to see you waste your life. Think what your father would have wanted for you..not this. Do not let that murderer win twice !

Answer 20

On the night of the murder (if you were there) it would have been self defense as you had just seen the man kill your father and were in danger of being killed yourself by someone who was homicidal. It would be a case between you and him.

However now, your life is in no danger, it would just be another murder.

Answer 21

if you went looking for this guy and killed him, you would be charged with murder. you would not serve any jail time if you were present when you dad was murdered and you killed the intruder. however, if the gun you used was unlicensed, you could be charged with possession of an unlicensed weapon. yes this scenario would be self defense. I doubt if the shooter will ever be released, cop killers rarely are.

Answer 22

It's all about choice - if you had shot him in your home, whilst he was armed, you could have said that you had no option other than to shoot him to protect yourself, your family and your property.  If you go after him no, however, you would be making a dispassionate decision.  He would not be posing an immediate threat to you at that time, so you could not claim it was in self-defence.  If you felt he again posed a threat to you, you would have the choice to ask the police for protection, and the courts would expect you to take that option.

The only advice I can offer is "Let it go".  It's natural to want justice, and even revenge, for the loss  of your father, but at some stage you will have to come to realise that closure for you takes the form of the incarceration (not the death) of the offender.

Answer 23

Because in the first case (he gets out after five years) it would be premeditated murder.

In the second case, if you killed him after he killed your father, it would be self-defense because you have a reasonable fear that you would be the next one dead.

One is to protect yourself, the other is payback. That's the difference.

Answer 24

Self-defense is only allowed (according to the law) when you are in imminent danger of being harmed.  If a man is in your home, armed, and has already injured or killed someone very soon beforehand, you may be acting in self-defense to kill him if you felt your life was in danger.

In any other case, such as you going to his home, you were not in imminent danger, thus self-defense is not authorized by the law.