Necessity Defence: Murder To Protect Potential Life

[Procrustes Stretched]

The trial for Scott Roeder, the christian soldier/murderer, who btw admitted he murdered an unarmed medical doctor in the name of protecting the un-born, is set to begin next month.

Roeder's defense attorney has been denied the use of a 'necessity defense' because that defense is NOT recognized under Kansas law. This according to the judge selected to hear the case.

One tidbit of interest is that even under a common law argument, the christian soldier/murderer could not avail himself (legally) of this defense, since the act Roeder was trying to stop someone else from committing, was NOT a crime (abortion). Abortion IS legal.

so much for the hyperbole and the irresponsibile rhettoric of the hateful and often dangerous, religious right in America.

 

[Procrustes Stretched]

The judge in the case has said he may even limit what the defense can say in it's opening statements, because if the defense uses the 'necessity defense' in opening statements it will be using deceit. The law states an ''imminent threat'' must be present in order to use the necessity defense, which is a claim that a law was broken (murder), in order to prevent a greater harm.

 

[JD_2B]

Good grief... a person whose neighbor sits outside on the porch with a baseball bat, could also stupidly use this "necessity defense" for going over there and shooting them, just in case that person actually decided to use the bat.
How ridiculous.

Why aren't these psychos throwing Molotov Cocktails at Meth houses??? Or busting a cap in every red light runner that comes along?

This story is sad, but I still had to laugh at how pathetic that defense was.

 

[Anguille]

He has no defence. Therefore his lawyers will try to make a martyr of him.

 

[FA_Q2]

It does not matter either way. The defense is just attempting to do a job that is not possible. He will burn for the murder; there is no defense for him. I do find it interesting that the judge limited him from using said defense though. It would not have helped his case any so I would think the judge would just let him try and fail.