Legal Question in Criminal Law in South Carolina

Is it Murder??

Assuming one were to be hijacked, or otherwise held captive against one's will, could the victim be prosecuted for murder if the only way to their freedom was to physically take the life of the hijacker(s) or kidnapper(s)?

Take this hypothetical situation for example: A man forces himself into my automobile while I am at a stoplight. He has a loaded pistol in his hand, and at gunpoint, forces me to drive. If I were able to jab a knife or screwdriver etc into his brain, thus ending the hijackers life, would it be at all likely that I would be charged with a crime? If so, what crime might I be charged with, and by whom? Assume this situation occurs in the United States, and that I am the only other person in the vehicle other than the hijacker.


Asked on 8/16/04, 11:01 pm

1 Answer from Attorneys

Robert Johnston Law Offices of Robert J. Johnston

Re: Is it Murder??

First of all, I think the term in your example would be "carjacked," not hijacked. Secondly, you posted this question on a South Carolina site, therefore, my answer is only in that regards persuant to South Carolina law. Under the situation you posed, the law would look at four elements to determine if the use of deadly force was justified by the victim. One, the victim must be without fault in the situation. Two, the victim believed he was in immminent dager of losing his life or sustaining serious bodily injury. Three, a reasonable prudent man of ordinary firmness would have had the same belief. Four, the victim had no other means of avoiding the danger. Based on your example, it would appear that the victim would not be charged with a crime. However, I don't know the actual situation that you are inquiring about and therefore DO NOT take my answer as legal advice or guidance. I would have to know exactly what transpired in the real situation in order to advise you. If you are asking these questions in regards to a real life situation, then you need to consult with an attorney

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Answered on 8/17/04, 10:27 am


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