Self defense during execution












1















Let's say someone has been sentenced to death and is about to be killed by lethal injection. While they are being brought into the execution room, they manage to escape the grip of the prison guards and try to escape. A short fight ensues during which a guard gets killed before the prisoner gets tazed and secured to the floor.



Was that killing legal? Is violence only considered self defense if it was used to protect oneself from illegal harm and not if that harm was mandated by justice? Do you have to accept death if you are sentenced to death or can you defend your life?



What if it later turns out, that you were wrongfully convicted or the execution would have been illegal due to some technicality: Can the killing of the prison guard be considered self defense now?









share























  • What "illegal harm" would the guard do? He would be just doing his job.

    – Greendrake
    5 hours ago






  • 1





    Exactly: The execution is legal, but it is still a killing. Is self defense against that killing legal?

    – Grunzwanzling
    5 hours ago











  • Self defence is only allowed against unlawful threat. In your scenario the "threat" from the guard could not be more lawful.

    – Greendrake
    5 hours ago











  • What if due to some technicality the execution actually is illegal? The guard is still only doing his job, but that does not change the fact that the prisoner would be killed illegaly if he doesn't defend himself.

    – Grunzwanzling
    5 hours ago











  • If you want a substantive answer, you need to name a jurisdiction, or else not object if someone decides you meant Alabama and cite Alabama law as their authority.

    – user6726
    5 hours ago
















1















Let's say someone has been sentenced to death and is about to be killed by lethal injection. While they are being brought into the execution room, they manage to escape the grip of the prison guards and try to escape. A short fight ensues during which a guard gets killed before the prisoner gets tazed and secured to the floor.



Was that killing legal? Is violence only considered self defense if it was used to protect oneself from illegal harm and not if that harm was mandated by justice? Do you have to accept death if you are sentenced to death or can you defend your life?



What if it later turns out, that you were wrongfully convicted or the execution would have been illegal due to some technicality: Can the killing of the prison guard be considered self defense now?









share























  • What "illegal harm" would the guard do? He would be just doing his job.

    – Greendrake
    5 hours ago






  • 1





    Exactly: The execution is legal, but it is still a killing. Is self defense against that killing legal?

    – Grunzwanzling
    5 hours ago











  • Self defence is only allowed against unlawful threat. In your scenario the "threat" from the guard could not be more lawful.

    – Greendrake
    5 hours ago











  • What if due to some technicality the execution actually is illegal? The guard is still only doing his job, but that does not change the fact that the prisoner would be killed illegaly if he doesn't defend himself.

    – Grunzwanzling
    5 hours ago











  • If you want a substantive answer, you need to name a jurisdiction, or else not object if someone decides you meant Alabama and cite Alabama law as their authority.

    – user6726
    5 hours ago














1












1








1








Let's say someone has been sentenced to death and is about to be killed by lethal injection. While they are being brought into the execution room, they manage to escape the grip of the prison guards and try to escape. A short fight ensues during which a guard gets killed before the prisoner gets tazed and secured to the floor.



Was that killing legal? Is violence only considered self defense if it was used to protect oneself from illegal harm and not if that harm was mandated by justice? Do you have to accept death if you are sentenced to death or can you defend your life?



What if it later turns out, that you were wrongfully convicted or the execution would have been illegal due to some technicality: Can the killing of the prison guard be considered self defense now?









share














Let's say someone has been sentenced to death and is about to be killed by lethal injection. While they are being brought into the execution room, they manage to escape the grip of the prison guards and try to escape. A short fight ensues during which a guard gets killed before the prisoner gets tazed and secured to the floor.



Was that killing legal? Is violence only considered self defense if it was used to protect oneself from illegal harm and not if that harm was mandated by justice? Do you have to accept death if you are sentenced to death or can you defend your life?



What if it later turns out, that you were wrongfully convicted or the execution would have been illegal due to some technicality: Can the killing of the prison guard be considered self defense now?







self-defense death capital-punishment





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asked 5 hours ago









GrunzwanzlingGrunzwanzling

18117




18117













  • What "illegal harm" would the guard do? He would be just doing his job.

    – Greendrake
    5 hours ago






  • 1





    Exactly: The execution is legal, but it is still a killing. Is self defense against that killing legal?

    – Grunzwanzling
    5 hours ago











  • Self defence is only allowed against unlawful threat. In your scenario the "threat" from the guard could not be more lawful.

    – Greendrake
    5 hours ago











  • What if due to some technicality the execution actually is illegal? The guard is still only doing his job, but that does not change the fact that the prisoner would be killed illegaly if he doesn't defend himself.

    – Grunzwanzling
    5 hours ago











  • If you want a substantive answer, you need to name a jurisdiction, or else not object if someone decides you meant Alabama and cite Alabama law as their authority.

    – user6726
    5 hours ago



















  • What "illegal harm" would the guard do? He would be just doing his job.

    – Greendrake
    5 hours ago






  • 1





    Exactly: The execution is legal, but it is still a killing. Is self defense against that killing legal?

    – Grunzwanzling
    5 hours ago











  • Self defence is only allowed against unlawful threat. In your scenario the "threat" from the guard could not be more lawful.

    – Greendrake
    5 hours ago











  • What if due to some technicality the execution actually is illegal? The guard is still only doing his job, but that does not change the fact that the prisoner would be killed illegaly if he doesn't defend himself.

    – Grunzwanzling
    5 hours ago











  • If you want a substantive answer, you need to name a jurisdiction, or else not object if someone decides you meant Alabama and cite Alabama law as their authority.

    – user6726
    5 hours ago

















What "illegal harm" would the guard do? He would be just doing his job.

– Greendrake
5 hours ago





What "illegal harm" would the guard do? He would be just doing his job.

– Greendrake
5 hours ago




1




1





Exactly: The execution is legal, but it is still a killing. Is self defense against that killing legal?

– Grunzwanzling
5 hours ago





Exactly: The execution is legal, but it is still a killing. Is self defense against that killing legal?

– Grunzwanzling
5 hours ago













Self defence is only allowed against unlawful threat. In your scenario the "threat" from the guard could not be more lawful.

– Greendrake
5 hours ago





Self defence is only allowed against unlawful threat. In your scenario the "threat" from the guard could not be more lawful.

– Greendrake
5 hours ago













What if due to some technicality the execution actually is illegal? The guard is still only doing his job, but that does not change the fact that the prisoner would be killed illegaly if he doesn't defend himself.

– Grunzwanzling
5 hours ago





What if due to some technicality the execution actually is illegal? The guard is still only doing his job, but that does not change the fact that the prisoner would be killed illegaly if he doesn't defend himself.

– Grunzwanzling
5 hours ago













If you want a substantive answer, you need to name a jurisdiction, or else not object if someone decides you meant Alabama and cite Alabama law as their authority.

– user6726
5 hours ago





If you want a substantive answer, you need to name a jurisdiction, or else not object if someone decides you meant Alabama and cite Alabama law as their authority.

– user6726
5 hours ago










2 Answers
2






active

oldest

votes


















3














I assume this took place in Washington state. There are a number of self-defense provisions in Washington law. The first, RCW 9A.16.110, is primarily about reimbursements for prosecutions of acts of self-defense, but includes an applicable limit on prosecution:




No person in the state shall be placed in legal jeopardy of any kind
whatsoever for protecting by any reasonable means necessary, himself
or herself, his or her family, or his or her real or personal
property, or for coming to the aid of another who is in imminent
danger of or the victim of assault, robbery, kidnapping, arson,
burglary, rape, murder, or any other violent crime as defined in RCW
9.94A.030.




This provision is relevant, since executing a prisoner on death row is not a crime (the state Supreme Court recently struck down the death penalty, so I assume this took place before that ruling).



RCW 9A.16.020 states the more classic law on justified use of force, saying




The use, attempt, or offer to use force upon or toward the person of
another is not unlawful in the following cases:...(3) Whenever used by
a party about to be injured, or by another lawfully aiding him or her,
in preventing or attempting to prevent an offense against his or her
person, or a malicious trespass, or other malicious interference with
real or personal property lawfully in his or her possession, in case
the force is not more than is necessary;




Statutory law does not define offense against his or her person. Grabbing a person and strapping them down for some harmful purpose would normally constitute battery under the common law, but in this instance it is privileged, so it is not an offense against the person).



RCW 9A.16.030 says that




Homicide is excusable when committed by accident or misfortune in
doing any lawful act by lawful means, without criminal negligence, or
without any unlawful intent.




The person is under court order to be executed, and it is not lawful to resist that order. The guard, however, RCW 9A.16.040, may use deadly force pursuant to the legal mandate to carry out the court orde ((1)(b)"to overcome actual resistance to the execution of the legal process, mandate, or order of a court or officer, or in the discharge of a legal duty").






share|improve this answer































    1















    Do you have to accept death if you are sentenced to death or can you defend your life?




    At this point the legal system has already decided you are going to die. I'm not quite sure what good it would do to worry about whether anything you do is legal. It's not like they can execute you twice.



    In the 1998 case State v. Hobson, the Wisconson Supreme Court decided that it was illegal to resist an unlawful arrest. Footnote 19 sheds some light on what the law was like in other states at that time:




    Eleven states have judicially abrogated the common law right to use physical force to resist an arrest which is unlawful but which does not utilize unreasonable force. See Miller v. State, 462 P.2d 421, 427 (Alaska 1969); State v. Hatton, 568 P.2d 1040, 1046 (Ariz. 1977); State v. Richardson, 511 P.2d 263, 268 (Idaho 1973); State v. Thomas, 262 N.W.2d 607, 610-11 (Iowa 1978); State v. Austin, 381 A.2d 652, 655 (Me. 1978); In re Welfare of Burns, 284 N.W.2d 359, 360 (Minn. 1979); State v. Nunes, 546 S.W.2d 759, 762 (Mo. Ct. App. 1977); State v. Koonce, 214 A.2d 428, 436 (N.J. Super. Ct. App. Div. 1965); State v. Doe, 583 P.2d 473, aff'd in part, rev'd in part, 583 P.2d 464, 467 (N.M. 1978); State v. Peters, 450 A.2d 332, 335 (Vt. 1982); State v. Valentine, 935 P.2d 1294, 1304 (Wash. 1997).



    Seventeen other states have signaled their agreement by legislatively abrogating the common law defense. See Ala. Code § 13A-3-28 (1994); Ark. Code Ann. § 5-2-612 (Michie 1993); Cal. Penal Code § 834a (West 1985); Colo. Rev. Stat. § 18-8-103 (2) (1990); Conn. Gen. Stat. § 53a-23 (1985); Del. Code Ann. tit. 11 § 464(d) (1995); Fla. Stat. Ann. § 776.051(1) (West 1992); Ill. Ann. Stat. ch. 720, para. 5/7-7 (Smith-Hurd 1993); Mont. Code Ann. 45-3-108 (1995); Neb. Rev. Stat. § 28-1409(2) (1995); N.H. Rev. Stat. Ann. § 594:5 (1986); N.Y. Penal Law § 35.27 (McKinney 1987); Or. Rev. Stat. § 161.260 (1990); 18 Pa. Cons. Stat. Ann. § 505(b)(1)(i) (1983); R.I. Gen. Laws § 12-7-10 (1994); S.D. Codified Laws Ann. § 22-11-5 (1988); Tex. Penal Code Ann. § 9.31(b)(2), § 38.03 (West 1994)




    The situation described is at least similar to resisting an unlawful arrest, even if it isn't identical. And some of the reasoning used is similar. The Wisconsin Supreme Court cited People v. Curtis, 450 P.2d 33, 36 (Cal. 1969):




    In a day when police are armed with lethal and chemical weapons, and possess scientific communication and detection devices readily available for use, it has become highly unlikely that a suspect, using reasonable force, can escape from or effectively deter an arrest, whether lawful or unlawful. His accomplishment is generally limited to temporary evasion, merely rendering the officer's task more difficult or prolonged.




    Similarly, in your scenario, the guards are going to execute the person whether or not he resists, and the only thing resisting will accomplish is to kill the guard before he himself is killed. It's likely not reasonable to expect that he would be able to escape the prison.






    share|improve this answer
























    • It might not prevent someone from being executed, but I would be willing to do basically everything if it meant I could live 30 minutes longer.

      – Grunzwanzling
      49 mins ago











    • It might be a different thing. Unlawful arrests are not permanent, as they will eventually get resolved, a unlawful execution is very much permanent.

      – Grunzwanzling
      44 mins ago











    • Your last point complicates the question, by claiming that the execution was unlawful. Nothing in your OP suggests that it was.

      – user6726
      40 mins ago











    • @user6726: The OP says: "What if it later turns out, that you were wrongfully convicted or the execution would have been illegal due to some technicality...?" Illegal things are almost by definition unlawful. :)

      – Quuxplusone
      6 mins ago











    • @Grunzwanzling I'll agree it's different in that important way. On the other hand, if you have an argument to make about the legality, why didn't you make it during the appeal?

      – D M
      2 mins ago











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    2 Answers
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    I assume this took place in Washington state. There are a number of self-defense provisions in Washington law. The first, RCW 9A.16.110, is primarily about reimbursements for prosecutions of acts of self-defense, but includes an applicable limit on prosecution:




    No person in the state shall be placed in legal jeopardy of any kind
    whatsoever for protecting by any reasonable means necessary, himself
    or herself, his or her family, or his or her real or personal
    property, or for coming to the aid of another who is in imminent
    danger of or the victim of assault, robbery, kidnapping, arson,
    burglary, rape, murder, or any other violent crime as defined in RCW
    9.94A.030.




    This provision is relevant, since executing a prisoner on death row is not a crime (the state Supreme Court recently struck down the death penalty, so I assume this took place before that ruling).



    RCW 9A.16.020 states the more classic law on justified use of force, saying




    The use, attempt, or offer to use force upon or toward the person of
    another is not unlawful in the following cases:...(3) Whenever used by
    a party about to be injured, or by another lawfully aiding him or her,
    in preventing or attempting to prevent an offense against his or her
    person, or a malicious trespass, or other malicious interference with
    real or personal property lawfully in his or her possession, in case
    the force is not more than is necessary;




    Statutory law does not define offense against his or her person. Grabbing a person and strapping them down for some harmful purpose would normally constitute battery under the common law, but in this instance it is privileged, so it is not an offense against the person).



    RCW 9A.16.030 says that




    Homicide is excusable when committed by accident or misfortune in
    doing any lawful act by lawful means, without criminal negligence, or
    without any unlawful intent.




    The person is under court order to be executed, and it is not lawful to resist that order. The guard, however, RCW 9A.16.040, may use deadly force pursuant to the legal mandate to carry out the court orde ((1)(b)"to overcome actual resistance to the execution of the legal process, mandate, or order of a court or officer, or in the discharge of a legal duty").






    share|improve this answer




























      3














      I assume this took place in Washington state. There are a number of self-defense provisions in Washington law. The first, RCW 9A.16.110, is primarily about reimbursements for prosecutions of acts of self-defense, but includes an applicable limit on prosecution:




      No person in the state shall be placed in legal jeopardy of any kind
      whatsoever for protecting by any reasonable means necessary, himself
      or herself, his or her family, or his or her real or personal
      property, or for coming to the aid of another who is in imminent
      danger of or the victim of assault, robbery, kidnapping, arson,
      burglary, rape, murder, or any other violent crime as defined in RCW
      9.94A.030.




      This provision is relevant, since executing a prisoner on death row is not a crime (the state Supreme Court recently struck down the death penalty, so I assume this took place before that ruling).



      RCW 9A.16.020 states the more classic law on justified use of force, saying




      The use, attempt, or offer to use force upon or toward the person of
      another is not unlawful in the following cases:...(3) Whenever used by
      a party about to be injured, or by another lawfully aiding him or her,
      in preventing or attempting to prevent an offense against his or her
      person, or a malicious trespass, or other malicious interference with
      real or personal property lawfully in his or her possession, in case
      the force is not more than is necessary;




      Statutory law does not define offense against his or her person. Grabbing a person and strapping them down for some harmful purpose would normally constitute battery under the common law, but in this instance it is privileged, so it is not an offense against the person).



      RCW 9A.16.030 says that




      Homicide is excusable when committed by accident or misfortune in
      doing any lawful act by lawful means, without criminal negligence, or
      without any unlawful intent.




      The person is under court order to be executed, and it is not lawful to resist that order. The guard, however, RCW 9A.16.040, may use deadly force pursuant to the legal mandate to carry out the court orde ((1)(b)"to overcome actual resistance to the execution of the legal process, mandate, or order of a court or officer, or in the discharge of a legal duty").






      share|improve this answer


























        3












        3








        3







        I assume this took place in Washington state. There are a number of self-defense provisions in Washington law. The first, RCW 9A.16.110, is primarily about reimbursements for prosecutions of acts of self-defense, but includes an applicable limit on prosecution:




        No person in the state shall be placed in legal jeopardy of any kind
        whatsoever for protecting by any reasonable means necessary, himself
        or herself, his or her family, or his or her real or personal
        property, or for coming to the aid of another who is in imminent
        danger of or the victim of assault, robbery, kidnapping, arson,
        burglary, rape, murder, or any other violent crime as defined in RCW
        9.94A.030.




        This provision is relevant, since executing a prisoner on death row is not a crime (the state Supreme Court recently struck down the death penalty, so I assume this took place before that ruling).



        RCW 9A.16.020 states the more classic law on justified use of force, saying




        The use, attempt, or offer to use force upon or toward the person of
        another is not unlawful in the following cases:...(3) Whenever used by
        a party about to be injured, or by another lawfully aiding him or her,
        in preventing or attempting to prevent an offense against his or her
        person, or a malicious trespass, or other malicious interference with
        real or personal property lawfully in his or her possession, in case
        the force is not more than is necessary;




        Statutory law does not define offense against his or her person. Grabbing a person and strapping them down for some harmful purpose would normally constitute battery under the common law, but in this instance it is privileged, so it is not an offense against the person).



        RCW 9A.16.030 says that




        Homicide is excusable when committed by accident or misfortune in
        doing any lawful act by lawful means, without criminal negligence, or
        without any unlawful intent.




        The person is under court order to be executed, and it is not lawful to resist that order. The guard, however, RCW 9A.16.040, may use deadly force pursuant to the legal mandate to carry out the court orde ((1)(b)"to overcome actual resistance to the execution of the legal process, mandate, or order of a court or officer, or in the discharge of a legal duty").






        share|improve this answer













        I assume this took place in Washington state. There are a number of self-defense provisions in Washington law. The first, RCW 9A.16.110, is primarily about reimbursements for prosecutions of acts of self-defense, but includes an applicable limit on prosecution:




        No person in the state shall be placed in legal jeopardy of any kind
        whatsoever for protecting by any reasonable means necessary, himself
        or herself, his or her family, or his or her real or personal
        property, or for coming to the aid of another who is in imminent
        danger of or the victim of assault, robbery, kidnapping, arson,
        burglary, rape, murder, or any other violent crime as defined in RCW
        9.94A.030.




        This provision is relevant, since executing a prisoner on death row is not a crime (the state Supreme Court recently struck down the death penalty, so I assume this took place before that ruling).



        RCW 9A.16.020 states the more classic law on justified use of force, saying




        The use, attempt, or offer to use force upon or toward the person of
        another is not unlawful in the following cases:...(3) Whenever used by
        a party about to be injured, or by another lawfully aiding him or her,
        in preventing or attempting to prevent an offense against his or her
        person, or a malicious trespass, or other malicious interference with
        real or personal property lawfully in his or her possession, in case
        the force is not more than is necessary;




        Statutory law does not define offense against his or her person. Grabbing a person and strapping them down for some harmful purpose would normally constitute battery under the common law, but in this instance it is privileged, so it is not an offense against the person).



        RCW 9A.16.030 says that




        Homicide is excusable when committed by accident or misfortune in
        doing any lawful act by lawful means, without criminal negligence, or
        without any unlawful intent.




        The person is under court order to be executed, and it is not lawful to resist that order. The guard, however, RCW 9A.16.040, may use deadly force pursuant to the legal mandate to carry out the court orde ((1)(b)"to overcome actual resistance to the execution of the legal process, mandate, or order of a court or officer, or in the discharge of a legal duty").







        share|improve this answer












        share|improve this answer



        share|improve this answer










        answered 4 hours ago









        user6726user6726

        57.3k44798




        57.3k44798























            1















            Do you have to accept death if you are sentenced to death or can you defend your life?




            At this point the legal system has already decided you are going to die. I'm not quite sure what good it would do to worry about whether anything you do is legal. It's not like they can execute you twice.



            In the 1998 case State v. Hobson, the Wisconson Supreme Court decided that it was illegal to resist an unlawful arrest. Footnote 19 sheds some light on what the law was like in other states at that time:




            Eleven states have judicially abrogated the common law right to use physical force to resist an arrest which is unlawful but which does not utilize unreasonable force. See Miller v. State, 462 P.2d 421, 427 (Alaska 1969); State v. Hatton, 568 P.2d 1040, 1046 (Ariz. 1977); State v. Richardson, 511 P.2d 263, 268 (Idaho 1973); State v. Thomas, 262 N.W.2d 607, 610-11 (Iowa 1978); State v. Austin, 381 A.2d 652, 655 (Me. 1978); In re Welfare of Burns, 284 N.W.2d 359, 360 (Minn. 1979); State v. Nunes, 546 S.W.2d 759, 762 (Mo. Ct. App. 1977); State v. Koonce, 214 A.2d 428, 436 (N.J. Super. Ct. App. Div. 1965); State v. Doe, 583 P.2d 473, aff'd in part, rev'd in part, 583 P.2d 464, 467 (N.M. 1978); State v. Peters, 450 A.2d 332, 335 (Vt. 1982); State v. Valentine, 935 P.2d 1294, 1304 (Wash. 1997).



            Seventeen other states have signaled their agreement by legislatively abrogating the common law defense. See Ala. Code § 13A-3-28 (1994); Ark. Code Ann. § 5-2-612 (Michie 1993); Cal. Penal Code § 834a (West 1985); Colo. Rev. Stat. § 18-8-103 (2) (1990); Conn. Gen. Stat. § 53a-23 (1985); Del. Code Ann. tit. 11 § 464(d) (1995); Fla. Stat. Ann. § 776.051(1) (West 1992); Ill. Ann. Stat. ch. 720, para. 5/7-7 (Smith-Hurd 1993); Mont. Code Ann. 45-3-108 (1995); Neb. Rev. Stat. § 28-1409(2) (1995); N.H. Rev. Stat. Ann. § 594:5 (1986); N.Y. Penal Law § 35.27 (McKinney 1987); Or. Rev. Stat. § 161.260 (1990); 18 Pa. Cons. Stat. Ann. § 505(b)(1)(i) (1983); R.I. Gen. Laws § 12-7-10 (1994); S.D. Codified Laws Ann. § 22-11-5 (1988); Tex. Penal Code Ann. § 9.31(b)(2), § 38.03 (West 1994)




            The situation described is at least similar to resisting an unlawful arrest, even if it isn't identical. And some of the reasoning used is similar. The Wisconsin Supreme Court cited People v. Curtis, 450 P.2d 33, 36 (Cal. 1969):




            In a day when police are armed with lethal and chemical weapons, and possess scientific communication and detection devices readily available for use, it has become highly unlikely that a suspect, using reasonable force, can escape from or effectively deter an arrest, whether lawful or unlawful. His accomplishment is generally limited to temporary evasion, merely rendering the officer's task more difficult or prolonged.




            Similarly, in your scenario, the guards are going to execute the person whether or not he resists, and the only thing resisting will accomplish is to kill the guard before he himself is killed. It's likely not reasonable to expect that he would be able to escape the prison.






            share|improve this answer
























            • It might not prevent someone from being executed, but I would be willing to do basically everything if it meant I could live 30 minutes longer.

              – Grunzwanzling
              49 mins ago











            • It might be a different thing. Unlawful arrests are not permanent, as they will eventually get resolved, a unlawful execution is very much permanent.

              – Grunzwanzling
              44 mins ago











            • Your last point complicates the question, by claiming that the execution was unlawful. Nothing in your OP suggests that it was.

              – user6726
              40 mins ago











            • @user6726: The OP says: "What if it later turns out, that you were wrongfully convicted or the execution would have been illegal due to some technicality...?" Illegal things are almost by definition unlawful. :)

              – Quuxplusone
              6 mins ago











            • @Grunzwanzling I'll agree it's different in that important way. On the other hand, if you have an argument to make about the legality, why didn't you make it during the appeal?

              – D M
              2 mins ago
















            1















            Do you have to accept death if you are sentenced to death or can you defend your life?




            At this point the legal system has already decided you are going to die. I'm not quite sure what good it would do to worry about whether anything you do is legal. It's not like they can execute you twice.



            In the 1998 case State v. Hobson, the Wisconson Supreme Court decided that it was illegal to resist an unlawful arrest. Footnote 19 sheds some light on what the law was like in other states at that time:




            Eleven states have judicially abrogated the common law right to use physical force to resist an arrest which is unlawful but which does not utilize unreasonable force. See Miller v. State, 462 P.2d 421, 427 (Alaska 1969); State v. Hatton, 568 P.2d 1040, 1046 (Ariz. 1977); State v. Richardson, 511 P.2d 263, 268 (Idaho 1973); State v. Thomas, 262 N.W.2d 607, 610-11 (Iowa 1978); State v. Austin, 381 A.2d 652, 655 (Me. 1978); In re Welfare of Burns, 284 N.W.2d 359, 360 (Minn. 1979); State v. Nunes, 546 S.W.2d 759, 762 (Mo. Ct. App. 1977); State v. Koonce, 214 A.2d 428, 436 (N.J. Super. Ct. App. Div. 1965); State v. Doe, 583 P.2d 473, aff'd in part, rev'd in part, 583 P.2d 464, 467 (N.M. 1978); State v. Peters, 450 A.2d 332, 335 (Vt. 1982); State v. Valentine, 935 P.2d 1294, 1304 (Wash. 1997).



            Seventeen other states have signaled their agreement by legislatively abrogating the common law defense. See Ala. Code § 13A-3-28 (1994); Ark. Code Ann. § 5-2-612 (Michie 1993); Cal. Penal Code § 834a (West 1985); Colo. Rev. Stat. § 18-8-103 (2) (1990); Conn. Gen. Stat. § 53a-23 (1985); Del. Code Ann. tit. 11 § 464(d) (1995); Fla. Stat. Ann. § 776.051(1) (West 1992); Ill. Ann. Stat. ch. 720, para. 5/7-7 (Smith-Hurd 1993); Mont. Code Ann. 45-3-108 (1995); Neb. Rev. Stat. § 28-1409(2) (1995); N.H. Rev. Stat. Ann. § 594:5 (1986); N.Y. Penal Law § 35.27 (McKinney 1987); Or. Rev. Stat. § 161.260 (1990); 18 Pa. Cons. Stat. Ann. § 505(b)(1)(i) (1983); R.I. Gen. Laws § 12-7-10 (1994); S.D. Codified Laws Ann. § 22-11-5 (1988); Tex. Penal Code Ann. § 9.31(b)(2), § 38.03 (West 1994)




            The situation described is at least similar to resisting an unlawful arrest, even if it isn't identical. And some of the reasoning used is similar. The Wisconsin Supreme Court cited People v. Curtis, 450 P.2d 33, 36 (Cal. 1969):




            In a day when police are armed with lethal and chemical weapons, and possess scientific communication and detection devices readily available for use, it has become highly unlikely that a suspect, using reasonable force, can escape from or effectively deter an arrest, whether lawful or unlawful. His accomplishment is generally limited to temporary evasion, merely rendering the officer's task more difficult or prolonged.




            Similarly, in your scenario, the guards are going to execute the person whether or not he resists, and the only thing resisting will accomplish is to kill the guard before he himself is killed. It's likely not reasonable to expect that he would be able to escape the prison.






            share|improve this answer
























            • It might not prevent someone from being executed, but I would be willing to do basically everything if it meant I could live 30 minutes longer.

              – Grunzwanzling
              49 mins ago











            • It might be a different thing. Unlawful arrests are not permanent, as they will eventually get resolved, a unlawful execution is very much permanent.

              – Grunzwanzling
              44 mins ago











            • Your last point complicates the question, by claiming that the execution was unlawful. Nothing in your OP suggests that it was.

              – user6726
              40 mins ago











            • @user6726: The OP says: "What if it later turns out, that you were wrongfully convicted or the execution would have been illegal due to some technicality...?" Illegal things are almost by definition unlawful. :)

              – Quuxplusone
              6 mins ago











            • @Grunzwanzling I'll agree it's different in that important way. On the other hand, if you have an argument to make about the legality, why didn't you make it during the appeal?

              – D M
              2 mins ago














            1












            1








            1








            Do you have to accept death if you are sentenced to death or can you defend your life?




            At this point the legal system has already decided you are going to die. I'm not quite sure what good it would do to worry about whether anything you do is legal. It's not like they can execute you twice.



            In the 1998 case State v. Hobson, the Wisconson Supreme Court decided that it was illegal to resist an unlawful arrest. Footnote 19 sheds some light on what the law was like in other states at that time:




            Eleven states have judicially abrogated the common law right to use physical force to resist an arrest which is unlawful but which does not utilize unreasonable force. See Miller v. State, 462 P.2d 421, 427 (Alaska 1969); State v. Hatton, 568 P.2d 1040, 1046 (Ariz. 1977); State v. Richardson, 511 P.2d 263, 268 (Idaho 1973); State v. Thomas, 262 N.W.2d 607, 610-11 (Iowa 1978); State v. Austin, 381 A.2d 652, 655 (Me. 1978); In re Welfare of Burns, 284 N.W.2d 359, 360 (Minn. 1979); State v. Nunes, 546 S.W.2d 759, 762 (Mo. Ct. App. 1977); State v. Koonce, 214 A.2d 428, 436 (N.J. Super. Ct. App. Div. 1965); State v. Doe, 583 P.2d 473, aff'd in part, rev'd in part, 583 P.2d 464, 467 (N.M. 1978); State v. Peters, 450 A.2d 332, 335 (Vt. 1982); State v. Valentine, 935 P.2d 1294, 1304 (Wash. 1997).



            Seventeen other states have signaled their agreement by legislatively abrogating the common law defense. See Ala. Code § 13A-3-28 (1994); Ark. Code Ann. § 5-2-612 (Michie 1993); Cal. Penal Code § 834a (West 1985); Colo. Rev. Stat. § 18-8-103 (2) (1990); Conn. Gen. Stat. § 53a-23 (1985); Del. Code Ann. tit. 11 § 464(d) (1995); Fla. Stat. Ann. § 776.051(1) (West 1992); Ill. Ann. Stat. ch. 720, para. 5/7-7 (Smith-Hurd 1993); Mont. Code Ann. 45-3-108 (1995); Neb. Rev. Stat. § 28-1409(2) (1995); N.H. Rev. Stat. Ann. § 594:5 (1986); N.Y. Penal Law § 35.27 (McKinney 1987); Or. Rev. Stat. § 161.260 (1990); 18 Pa. Cons. Stat. Ann. § 505(b)(1)(i) (1983); R.I. Gen. Laws § 12-7-10 (1994); S.D. Codified Laws Ann. § 22-11-5 (1988); Tex. Penal Code Ann. § 9.31(b)(2), § 38.03 (West 1994)




            The situation described is at least similar to resisting an unlawful arrest, even if it isn't identical. And some of the reasoning used is similar. The Wisconsin Supreme Court cited People v. Curtis, 450 P.2d 33, 36 (Cal. 1969):




            In a day when police are armed with lethal and chemical weapons, and possess scientific communication and detection devices readily available for use, it has become highly unlikely that a suspect, using reasonable force, can escape from or effectively deter an arrest, whether lawful or unlawful. His accomplishment is generally limited to temporary evasion, merely rendering the officer's task more difficult or prolonged.




            Similarly, in your scenario, the guards are going to execute the person whether or not he resists, and the only thing resisting will accomplish is to kill the guard before he himself is killed. It's likely not reasonable to expect that he would be able to escape the prison.






            share|improve this answer














            Do you have to accept death if you are sentenced to death or can you defend your life?




            At this point the legal system has already decided you are going to die. I'm not quite sure what good it would do to worry about whether anything you do is legal. It's not like they can execute you twice.



            In the 1998 case State v. Hobson, the Wisconson Supreme Court decided that it was illegal to resist an unlawful arrest. Footnote 19 sheds some light on what the law was like in other states at that time:




            Eleven states have judicially abrogated the common law right to use physical force to resist an arrest which is unlawful but which does not utilize unreasonable force. See Miller v. State, 462 P.2d 421, 427 (Alaska 1969); State v. Hatton, 568 P.2d 1040, 1046 (Ariz. 1977); State v. Richardson, 511 P.2d 263, 268 (Idaho 1973); State v. Thomas, 262 N.W.2d 607, 610-11 (Iowa 1978); State v. Austin, 381 A.2d 652, 655 (Me. 1978); In re Welfare of Burns, 284 N.W.2d 359, 360 (Minn. 1979); State v. Nunes, 546 S.W.2d 759, 762 (Mo. Ct. App. 1977); State v. Koonce, 214 A.2d 428, 436 (N.J. Super. Ct. App. Div. 1965); State v. Doe, 583 P.2d 473, aff'd in part, rev'd in part, 583 P.2d 464, 467 (N.M. 1978); State v. Peters, 450 A.2d 332, 335 (Vt. 1982); State v. Valentine, 935 P.2d 1294, 1304 (Wash. 1997).



            Seventeen other states have signaled their agreement by legislatively abrogating the common law defense. See Ala. Code § 13A-3-28 (1994); Ark. Code Ann. § 5-2-612 (Michie 1993); Cal. Penal Code § 834a (West 1985); Colo. Rev. Stat. § 18-8-103 (2) (1990); Conn. Gen. Stat. § 53a-23 (1985); Del. Code Ann. tit. 11 § 464(d) (1995); Fla. Stat. Ann. § 776.051(1) (West 1992); Ill. Ann. Stat. ch. 720, para. 5/7-7 (Smith-Hurd 1993); Mont. Code Ann. 45-3-108 (1995); Neb. Rev. Stat. § 28-1409(2) (1995); N.H. Rev. Stat. Ann. § 594:5 (1986); N.Y. Penal Law § 35.27 (McKinney 1987); Or. Rev. Stat. § 161.260 (1990); 18 Pa. Cons. Stat. Ann. § 505(b)(1)(i) (1983); R.I. Gen. Laws § 12-7-10 (1994); S.D. Codified Laws Ann. § 22-11-5 (1988); Tex. Penal Code Ann. § 9.31(b)(2), § 38.03 (West 1994)




            The situation described is at least similar to resisting an unlawful arrest, even if it isn't identical. And some of the reasoning used is similar. The Wisconsin Supreme Court cited People v. Curtis, 450 P.2d 33, 36 (Cal. 1969):




            In a day when police are armed with lethal and chemical weapons, and possess scientific communication and detection devices readily available for use, it has become highly unlikely that a suspect, using reasonable force, can escape from or effectively deter an arrest, whether lawful or unlawful. His accomplishment is generally limited to temporary evasion, merely rendering the officer's task more difficult or prolonged.




            Similarly, in your scenario, the guards are going to execute the person whether or not he resists, and the only thing resisting will accomplish is to kill the guard before he himself is killed. It's likely not reasonable to expect that he would be able to escape the prison.







            share|improve this answer












            share|improve this answer



            share|improve this answer










            answered 54 mins ago









            D MD M

            3,437323




            3,437323













            • It might not prevent someone from being executed, but I would be willing to do basically everything if it meant I could live 30 minutes longer.

              – Grunzwanzling
              49 mins ago











            • It might be a different thing. Unlawful arrests are not permanent, as they will eventually get resolved, a unlawful execution is very much permanent.

              – Grunzwanzling
              44 mins ago











            • Your last point complicates the question, by claiming that the execution was unlawful. Nothing in your OP suggests that it was.

              – user6726
              40 mins ago











            • @user6726: The OP says: "What if it later turns out, that you were wrongfully convicted or the execution would have been illegal due to some technicality...?" Illegal things are almost by definition unlawful. :)

              – Quuxplusone
              6 mins ago











            • @Grunzwanzling I'll agree it's different in that important way. On the other hand, if you have an argument to make about the legality, why didn't you make it during the appeal?

              – D M
              2 mins ago



















            • It might not prevent someone from being executed, but I would be willing to do basically everything if it meant I could live 30 minutes longer.

              – Grunzwanzling
              49 mins ago











            • It might be a different thing. Unlawful arrests are not permanent, as they will eventually get resolved, a unlawful execution is very much permanent.

              – Grunzwanzling
              44 mins ago











            • Your last point complicates the question, by claiming that the execution was unlawful. Nothing in your OP suggests that it was.

              – user6726
              40 mins ago











            • @user6726: The OP says: "What if it later turns out, that you were wrongfully convicted or the execution would have been illegal due to some technicality...?" Illegal things are almost by definition unlawful. :)

              – Quuxplusone
              6 mins ago











            • @Grunzwanzling I'll agree it's different in that important way. On the other hand, if you have an argument to make about the legality, why didn't you make it during the appeal?

              – D M
              2 mins ago

















            It might not prevent someone from being executed, but I would be willing to do basically everything if it meant I could live 30 minutes longer.

            – Grunzwanzling
            49 mins ago





            It might not prevent someone from being executed, but I would be willing to do basically everything if it meant I could live 30 minutes longer.

            – Grunzwanzling
            49 mins ago













            It might be a different thing. Unlawful arrests are not permanent, as they will eventually get resolved, a unlawful execution is very much permanent.

            – Grunzwanzling
            44 mins ago





            It might be a different thing. Unlawful arrests are not permanent, as they will eventually get resolved, a unlawful execution is very much permanent.

            – Grunzwanzling
            44 mins ago













            Your last point complicates the question, by claiming that the execution was unlawful. Nothing in your OP suggests that it was.

            – user6726
            40 mins ago





            Your last point complicates the question, by claiming that the execution was unlawful. Nothing in your OP suggests that it was.

            – user6726
            40 mins ago













            @user6726: The OP says: "What if it later turns out, that you were wrongfully convicted or the execution would have been illegal due to some technicality...?" Illegal things are almost by definition unlawful. :)

            – Quuxplusone
            6 mins ago





            @user6726: The OP says: "What if it later turns out, that you were wrongfully convicted or the execution would have been illegal due to some technicality...?" Illegal things are almost by definition unlawful. :)

            – Quuxplusone
            6 mins ago













            @Grunzwanzling I'll agree it's different in that important way. On the other hand, if you have an argument to make about the legality, why didn't you make it during the appeal?

            – D M
            2 mins ago





            @Grunzwanzling I'll agree it's different in that important way. On the other hand, if you have an argument to make about the legality, why didn't you make it during the appeal?

            – D M
            2 mins ago


















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