| In earlier posts there was some confusion about how American Law would handle this case. First, under Comon Law and the model penal code, there is no right to use lethal force in defense of property (with the only exception being one`s house and even then it is severely limited). Under a commonlaw jurisdiction he would have been indicted for murder under a malicious (read intentional) infliction of severe bodiliy harm, under a MPC jurisdiction (differs state to state) he would have been indicted under either murder or manslaughter. Since the prosecutors will have trouble proving "Mens Rea" or intent, manslaughter is a reasonable charge. Most American courts would sentence the fellow to 8-12 years in prison except in Texas where he would probably get 2-5, unless they demonstrate a racial motice (not hard in this case) in which case all betts are off. Needless to say, Israeli law is not American Law. Any Israeli lawyers with a perspective on this? |
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