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What could they charge Paul Kersey for if caught?


I'm not a police officer or district attorney but I'm well rounded in most topics. Watching this I began to wonder, what exactly could they charge him with?

The first murder if they found Kersey, they would find out it was self defense and he shot him. His word against a man with a rap sheet and drug user.

Second time was saving the man who was being mugged by 3 people. He shot the two again in self defense and ok he shot the guy in the back who was running away. Again if caught he could say he was there tried to help the man and shot the 3 people coming after him. It's his word against 3 dead robbers with weapons who were mugging a man who would testify for Kersey's sake. Sure he shot him in the back and that's fishy in itself but he was a mugger and again it's Kersey's word against a dead criminal.

The other time in the subway, two people with weapons trying to rob him, Kersey shoots them both.

My argument is basically all the people he shot had weapons trying to either harm him or rob him. He shoots and kills them and if caught would say it was self defense and he could stretch the truth and say he was chased by them and shot back. Granted it would be clear of his vigilante intentions but in most cases it's just plain self defense and in some dancing on a fine line (shooting man in back), which I'd imagine the police cannot charge you since it's fairly clear the man had a weapon and was committing a crime.

Thoughts all welcome. If anyone is a police officer or knows the legal system I'd love to know what the police would have charged him with during his first few vigilante murders.

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Murder, plain and simple:
- several of his victims were killed off (coup de grace) either in the back while running away or when lying on the floor. Any ballistics report would prove this, and no lawyer would be able to argue away from that except going for the insanity defence (if the jury were to refuse to convict in the face of overwhelming damning evidence, the judge can set the verdict aside).
- he clearly ventured out of his usual walking grounds to bait muggers.

So you got premeditation and killing off his victims once they were no longer a threat.

It all depends on the public mood of the time. The movie was quite realistic about that:
- since there was indeed a crimewave and all of the victims were in fact criminals, people were overwhelmingly in favour of the vigilante.
- since up to that point no copycats had emerged (and no innocents had been killed by mistake), the police and their bosses felt they had leeway to be, "practical".
- since as far as the movie goes, criminals were yet to retaliate (say outright killing their victims instead of just robbing them, going after women and old people only, etc), police didn't have much to sway public opinion in their favour

In such conditions, an arrest and trial (with the above complications) would be potentially too embarrassing for the police and mayor, thus indeed the best solution was to "encourage" Kersey to move and thus the problem would be solved:
- No more vigilante
- No martyr
- No copycats

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Serial Killer.

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Most of the shootings were self defense. Not the guy running away obviously, probably not the second guy on the subway who wasn't attacking him at that point, maybe not the second guy from the diner either (who died at the hospital), since he was trying to leave the scene too. So probably 2 or 3 murder in the second degree charges.

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Bernhard Goetz, a real life subway shooter who wounded 4 guys (1 ended up paralyzed) was charged with attempted murder, assault, reckless endangerment, and several firearms violations.

The jury only convicted him of one count of carrying an unlicensed firearm, and he was sentenced to 1 year in jail (and served 8 months).

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8 months too long!!!!

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What could he be charged with? Disturbing the peace!!!

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Also, illegal possession of a firearm (gotcha!).

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Illegal possession of a firearm.

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They couldn't without basically starting a riot so that's why they told him to leave town.

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