Is it legal to shoot kidnappers who tries to abduct your children?


The recent arrest of pedophile kidnapping couple who abducted Caycee girl at the age of 11. She had been held in prison at the couple back yard.

http://www.cnn.com/2009/CRIME/08/28/california.missing.girl.blog/index.html

I am wondering if you see the kidnappers doing their deeds, is it legal to shoot them to save the kids?

does any Canadian on this site know about Canadian law about this issue?

picard120, this topic is completely inappropriate for this site.

oh sorry. I had no idea.

Disagree. Moderator?


1) In most jurisdictions the use of deadly force to prevent the kidnapping of a minor is lawful.

2) I think, and one suspects that most reasonable people who have children, niece's and nephews, friends with children etc would consider shooting too honorable a death for them. A ignominious method of execution would be more appropriate. Like hanging.

Also, in terms of urban survival it's a threat that has to be considered and dealt with.

Picard120 : Yes

dougwalkabout: Good Job

Leigh_Ratcliffe: You are so right

This is one of the reasons I got out of Law Enforcement. I feared what I might do when faced with one of these scum bags again. My frustration tolerance level had been reached.

The OP may not have used the most politically correct language but IMO it's a valid question for this board since it addresses the physical security and (literal) survival of our children.

The PC approach:

Is deadly force justifiable in order to prevent the abduction of a minor?

The PC answer:

It depends entirely on the jurisdiction in question.

Assuming I'm not further contributing to an inappropriate thread: Typically, you may use the amount of force reasonably necessary to resist or prevent an abduction, but only the amount reasonably necessary, and no more. This may include deadly force. Jurisdictions vary.

Even those accused of the most loathsome crimes still deserve a fair trial. A nineteen year old girl having consensual sex with her seventeen year old boyfriend might be guilty of a criminal sexual offense against a minor, as might a mentally challenged sixteen year old, more or less innocently "playing doctor" with a younger playmate.

I know that's not what people are thinking or suggesting, but every case is different and unique. But for the most egregious cases? A death penalty should perhaps be an option.

Consider shooting at the tyres instead. Less embarrassing if it turns out you made a mistake and mis-interpreted the situation.

In my opinion, if this is the kind of situation you are going to plan and equip for, then you have a moral obligation not to immediately escalate to the most extreme force. Your planning should be designed to make deaths less likely, not more likely.

I want to thank you all for responding appropriately to this question. Well done!

I'm tempted to lock this thread, but I'm going to be optimistic and leave it open. Don't make me regret that decision.

Input from Texas: yes, we could legally shoot a kidnapper we catch in the act to prevent him/her from succeeding in this crime. However we had better be dang sure this is a "real" kidnapping. It's a given that at some point one of my adopted daughters will yell "You're not my real dad!" at me while I try to drag her out of someplace. This has happened to EVERY adoptive parent I know...

-Blast

I would think it depends on the scenario...

If someone broke into your house and snatched a kid I would think you have legal right to do that, however if a mother who was not allowed to see her child snatched her from school I highly doubt the school has any right to shoot her.

*This is not legal advice I am not an attorney for entertainment purposes only*.

Thats my 02.

To broad a question really.

And like Blast said that situation is common even with non-adopted kids