Hypothetical question about innocent guy in jail
Discussion
Ok hypothetically ( I have been watching Life! )
You are put in prison on trumped up charges of murder etc....
During your time there is an incident and you kill another inmate in self defense,( it's not a clear cut case though) but are under investigation for this when .......
You are found innocent and exonerated of the original crime.
So what would happen?
In "her" opinion you should still be done for the murder etc whilst inside
In my opinion you should be absolved of all crimes whilst inside as u are there through no fault if your own.
Anyone know of any real life cases like this or examples. Just so me and she can have a healthy debate LOL
You are put in prison on trumped up charges of murder etc....
During your time there is an incident and you kill another inmate in self defense,( it's not a clear cut case though) but are under investigation for this when .......
You are found innocent and exonerated of the original crime.
So what would happen?
In "her" opinion you should still be done for the murder etc whilst inside
In my opinion you should be absolved of all crimes whilst inside as u are there through no fault if your own.
Anyone know of any real life cases like this or examples. Just so me and she can have a healthy debate LOL
I was in a similar position in the 90s, though not charged with murder.
I was charged with something quite serious, but managed to escape while being escorted to court, no video link in those days. I was quickly recaptured and after 11 months on remand the original charges were dropped, but I still had to serve time for the escape.
I was charged with something quite serious, but managed to escape while being escorted to court, no video link in those days. I was quickly recaptured and after 11 months on remand the original charges were dropped, but I still had to serve time for the escape.
Red Diesel said:
I was in a similar position in the 90s, though not charged with murder.
I was charged with something quite serious, but managed to escape while being escorted to court, no video link in those days. I was quickly recaptured and after 11 months on remand the original charges were dropped, but I still had to serve time for the escape.
It was a one armed man that did it, wasn't it?I was charged with something quite serious, but managed to escape while being escorted to court, no video link in those days. I was quickly recaptured and after 11 months on remand the original charges were dropped, but I still had to serve time for the escape.
V8A*ndy said:
Tom Selleck
An Innocent Man
Not a great movie but along the lines of the OPs dilema.
Magnum was better
....
Ahh its not a dilema I have, it was one of these late night debates with the OH... mainly her excuse to wind me up heheAn Innocent Man
Not a great movie but along the lines of the OPs dilema.
Magnum was better
....Red was there no appeal or anything for you? I find it disgusting that you are put in that situation through no fault of your own and are held accountable.
As well as being given extra time inside for escaping custody, it's also usually imprisonable if you assist an offender in escaping, too.
When I was in Wealstun Open there was nothing to stop you walking out during the day if you wanted to escape, and about 1 a week or so did. One particularly stupid guy got his girlfriend to help, she drove along the road outside the prison and collected him. Her number plate captured nicely on the CCTV. Extra time for him and a prison sentence for her.
When I was in Wealstun Open there was nothing to stop you walking out during the day if you wanted to escape, and about 1 a week or so did. One particularly stupid guy got his girlfriend to help, she drove along the road outside the prison and collected him. Her number plate captured nicely on the CCTV. Extra time for him and a prison sentence for her.
You would be charged brought before a magistrate remanded in custody and tried for the death that you caused whilst in prison, assuming you could get away under self defence you would probably only serve 6-12 months whilst on remand and then be released a free man at which point your solicitors would advise you to make a claim for wrongful imprisonment etc etc.
Kaelic said:
Ok hypothetically ( I have been watching Life! )
You are put in prison on trumped up charges of murder etc....
During your time there is an incident and you kill another inmate in self defense,( it's not a clear cut case though) but are under investigation for this when .......
You are found innocent and exonerated of the original crime.
So what would happen?
In "her" opinion you should still be done for the murder etc whilst inside
In my opinion you should be absolved of all crimes whilst inside as u are there through no fault if your own.
Anyone know of any real life cases like this or examples. Just so me and she can have a healthy debate LOL
Being in prison doesn't remove your basic human rights OR obligations under the law.You are put in prison on trumped up charges of murder etc....
During your time there is an incident and you kill another inmate in self defense,( it's not a clear cut case though) but are under investigation for this when .......
You are found innocent and exonerated of the original crime.
So what would happen?
In "her" opinion you should still be done for the murder etc whilst inside
In my opinion you should be absolved of all crimes whilst inside as u are there through no fault if your own.
Anyone know of any real life cases like this or examples. Just so me and she can have a healthy debate LOL
Whatever crime was alleged to have been committed should be treated in the same way, whether the alleged criminal is in prison or out.
So, if it were the case that a person suspected of such a murder was allowed out on bail, then this same person, being in prison and having been found not guilty of the previous crime, should be set free on bail until the investigation is complete and a case brought against them.
Kaelic said:
In "her" opinion you should still be done for the murder etc whilst inside
In my opinion you should be absolved of all crimes whilst inside as u are there through no fault if your own.
Don't be daft. Being in the wrong place at the wrong time is no defence.In my opinion you should be absolved of all crimes whilst inside as u are there through no fault if your own.
Assuming there was enough evidence, you would be charged. You might be shown some leniency if it was self-defence/ you shouldn't have been there.
Neil_H said:
...You might be shown some leniency if it was self-defence/ you shouldn't have been there.
Perhaps another factor could be that, if a similar situation happened on the outside, then there would have been the option to run away. But seeing as that option was removed once incarcerated, then the only realistic option is self defence.Neil_H said:
Kaelic said:
In "her" opinion you should still be done for the murder etc whilst inside
In my opinion you should be absolved of all crimes whilst inside as u are there through no fault if your own.
Don't be daft. Being in the wrong place at the wrong time is no defence.In my opinion you should be absolved of all crimes whilst inside as u are there through no fault if your own.
Assuming there was enough evidence, you would be charged. You might be shown some leniency if it was self-defence/ you shouldn't have been there.
Are there any real life cases like this anyone knows of?
Kaelic said:
In "her" opinion you should still be done for the murder etc whilst inside
In my opinion you should be absolved of all crimes whilst inside as u are there through no fault if your own.
If the Act occured in the UK and therefore fell under UK law, it would be tried as such in the UK. You can't just go round killing other inmates. In my opinion you should be absolved of all crimes whilst inside as u are there through no fault if your own.
There are cases wherein racists have been placed in cells with asians and whatnot and killed them, they get charged, convicted, and sentenced. Whether that sentence runs concurrently or not is a matter for the Trial Judge IIRC.
Plenty of cases of inmates getting time for something they have done on remand or whilst in custody, doesn’t tend to be murder very often though HMPS tries its best to avoid sticking high risk offenders with those likely to hold a grudge. Hence sex offenders are normally housed on a separate wing, child killers and granny bashers would also get special treatment.
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