Father kills man raping son, goes to prison

[RandomPhantom700]

For the rapist I feel nothing either... but if this were to happen here in the states the father would probably STILL be in jail regardless.

1. he stopped the attack and unless he himself was attacked after doing so there was no more recourse to inflict damage (from the legal standpoint... remember how lawyers work here folks).

Yeah, we advocate for our clients. Damn soulless lawyers...

2. Enraged, the father was no longer in control of himself (here, he could plea temporary insanity) and went on to beat the rapist to death.

Yes, temporary insanity can be a defense in most jurisdictions, with most of them requiring that the defendant actually lose all reasoning capacity. however, being really upset, even viscerally enraged over an immediate offense, doens't qualify as temporary insanity. Seeing something that enrages you (and this father's certainly justified in feeling such) mitigates the murder charge only, it doesn't get you off completely.

Keep in mind, these questions of whether the defendant justifiably lost it is decided by the jury, it's not a legal question for a judge or one of the evil lawyers.

 

[David Weatherly]

The father shouldn't be spending any time in jail, especially considering that it's probably causing the son even more trauma to be without his father. In this country he probably could have gotten off due to temporary insanity.

 

[jetboatdeath]

he probably could have gotten off due to temporary insanity

Wouldn't have worked for me because I would say I ment to kill that bastard, Yes I might be doing time, but at least it would be me getting out in two years as aposed to the sick **** who raped my child...