Crime
By Artemeis
@artemeis (4189)
China
November 30, 2015 11:47pm CST
Have you ever wondered how the judicial system draws a line on crime?
A true case
1. A bully in a workplace who would constantly pick on a weak one to harass physically and verbally.
2. The bullied finally decided he has had enough.
3. Suffering from severe depression, he went out to buy a cleaver after one of his ordeal.
4. Returns to the workplace and slashes his oppressor with the cleaver.
5. Bully dies from his injuries.
6. The bullied victim is charged in court for homicide short of murder.
I view that there is some self defense on the part of the bullied as far as the slashing is concern where he should be sent to a mental institution to have his condition treated and should not be sent to prison for rehabilitation.
What do you think? Is there a crime here?
8 people like this
6 responses
@dpk262006 (58679)
• Delhi, India
1 Dec 15
It is a clear cut crime case. One has no right to take law in his hands. If it is called self defence than every employee will think of killing his employer.
3 people like this
@dpk262006 (58679)
• Delhi, India
2 Dec 15
@artemeis The employee should have made a complaint to higher officers against his boss and would have confronted him that his behaviour is unacceptable. Simply killing the boss does not help.
Moreover, rules prevailing in an organisation would be different than the Law of land, so judiciary has little role in it, in my view.
1 person likes this
@artemeis (4189)
• China
3 Dec 15
@dpk262006
It was a fellow worker not the employer. Also his complaint to his supervisor and employer had fallen on deaf ears since they needed the bully to work at the workplace.
1 person likes this
@artemeis (4189)
• China
2 Dec 15
While I do agree with you that no one has the right to take the law into their own hands and take a life or lives. At the same time, a crime had been committed but there are legit grounds for the law to reconsider its sentence on bully victims where the very law here had failed to protect them from being bullies to the extreme in the first place.
The law should recognize its' inadequacies and grant the victim recovery treatment than prison rehabilitation.
1 person likes this
@Letranknight2015 (52665)
• Philippines
1 Dec 15
The person should have been cleared from his case because he did it in self defense.
3 people like this
@artemeis (4189)
• China
1 Dec 15
I am in exact agreement here.
So, I am really wondering very hard how defenseless these victims are when they are being bullied. After all, what can the law do other than warn, fine and short imprisonment and comes back with much harsher treatments on their victims.
But as soon as these victims retaliate, despite self defense - will be punished in full accordance of the law book. This is where I deemed the law has failed.
1 person likes this
@Letranknight2015 (52665)
• Philippines
1 Dec 15
@artemeis some thing is just wrong there i think.
1 person likes this
@arthurchappell (44941)
• Preston, England
1 Dec 15
@Letranknight2015 it isn't self defence as the bully wasn't attacking him when he took the cleaver in for a pre-meditated counter-strike
2 people like this
@arthurchappell (44941)
• Preston, England
1 Dec 15
the provocation he endured should certainly be considered at his trial but his retaliation was clearly excessive so he needs careful assessment - help rather than punishment might be best in this case
1 person likes this
@artemeis (4189)
• China
2 Dec 15
I fully agree with you that the defendant should be assessed for mental breakdown and advocate recovery treatment than a non existent rehabilitation. Also, I am concern about the current penal code and system where bullies are getting off way too lightly. I feel that the law should enforce harsher statements on these bullying to deter bullying as a whole since we are seeing how victims are driven to the extremes of taking their own lives (including cyber-bullying) or in this case retaliate and takes out the bullies.
@artemeis (4189)
• China
3 Dec 15
@LadyDuck
I just wished more countries would be like yours here. It is really very difficult to deter and stop bullies in real life and online with the consideration of being moderate with the sentences related to the misdemeanor. So, the killings from such is simply in the asking for it to happen.
1 person likes this
@totobasso (330)
• Canada
1 Dec 15
This very complicated! We will have to leave it to the jury that has all the facts.
2 people like this
@totobasso (330)
• Canada
1 Dec 15
@artemeis Like I said I do not have all the story and I was not appointed to be on the jury. The bullied man could have used other options than killing his bullier, like called the police. Maybe he did, I do not know as I do not have all the facts. Still, he committed murder. I do not see that as right. I can sympathize with him but cannot condone murder. Of course I was not in his shoes.
2 people like this
