The Werewolf Problem

[Fleur]

So, at the beginning I have to explain that my younger sister is participating in an Internet role-playing game and sometimes I, out of boredom, write posts for her. A recent game's plot twist is a werewolf attack which led me to thoughts which apparently aren't bothering the other players.

Well, the werewolves are more or less the classic kind - bloodthirsty monsters which have no self-control when in wolf-form and reproduce by bitting others. And all the full-moon thing also is on.

Anyway, if the werewolves are humans who have went through transformations, would killing them still be counted as a murder done in self-defense and should be punished as one?

And when a werewolf has killed somebody, in what category would s/he counted in? In the same as those who are under the influence of drugs/alcohol? Or perhaps their wolf and human personalities would be juridically separated, so the culprit wouldn't be responsible about things they have done while under full-moon influence ("werewolf defense", heh)?

(This actually made sense while still in my head.)

 

[Kuu]

Lol.. fleur-intp-tan... you know, this is one of those occasions when a non intp would tell you "you are thinking too much about this" But I won't do that...

I suppose the werewolf defense would be like pleading temporary insanity. You are not under your usual mental state, but it's not like you provoked it (drugs/alcohol), it's more like a psychological condition you have no control over. How do they manage multiple personality disorders in court?

 

[Jaico]

I'd be inclined to say it would only be counted as 'murder' if the accused (aspiring adventurer or whatnot) went out of their way to end the werewolf's life when there were other less-lethal ways to go about solving a problem; i.e. if the werewolf knew about their condition and was caged, but someone went up and killed it because they "felt threatened" even though the werewolf really wasn't a threat at all, then I'd say that constitutes murder...it wouldn't really be justified. On the other hand, if you're just spelunking about some caves and for some reason a werewolf jumps you (why there's moonlight in a cave, or why someone is there on a full moon are best questions left unasked ), then self-defense would probably be a viable alternative (given that the werewolves are of the variety you spoke of...sadly, werewolves aren't usually the same across dimensions). It's sort of like the philosophy police officers are told: only use one degree of force higher than what the law-breaker is displaying...of course, if the adventurers could've used non-lethal damage or something in that cave - that's when things get murky.

In the opposite case, if a werewolf knows about their situation and fails to take necessary precautions given that they have the means/knowledge/support to do so and ends up killing someone, it's their fault and they should be held accountable. If they do follow adequate precautions and something still happens, then they shouldn't be held accountable - again, however, things get fuzzy over what's "good enough" and what's not. Anyhow, to go on, if someone is unaware of their condition and suddenly starts killing people only to wake up the next day, I wouldn't hold them responsible for their actions. Like Kuu said, it's a pretty solid not guilty by reason of insanity defense - "I was a werewolf...and had no idea about it." Legally, insanity is defined as when somebody can't determine the consequences of their actions (I think...I don't have a textbook handy at the moment) - I think being a mindless werewolf is a pretty good defense, especially when you can prove it by waiting for another full moon. The only caveat, however, would be showing that you didn't know that you were infected - if you didn't, however, then I'd say you'd be scott-free. Y'know, if werewolves were ever in the real world .

Anyhow, I think this is a pretty interesting topic with a lot of ties to real-world issues like AIDS and the not guilty by reason of insanity defense.

 

[Reverse Transcriptase]

Here's how my werewolf jurisdiction would work:

GATHER THE VILLAGE MOB AND KILL THEM ALL!!! YAHHHHH!

 

[Schneizel]

If we assume the following werewolf tropes to be true:

The transformation occurs on a predictable basis (on/around full moons).
The person afflicted is aware of his condition.
Human reasoning is suspended for the duration of the transformation.

Then, in my opinion, any werewolf in wolf form caught outside any secure location (a basement, or a very strong cage, neither of which should be possible to open with a wolf's dexterity or strength) should be exterminated with extreme prejudice and no attempt at peaceful resolution.

My reasoning is that a human aware of his condition and with full knowledge of when to expect a transformation who does not render himself harmless to society should be construed as having been deliberately attempting to kill someone or spread his disease.

Of course, insurance (or state health service) should have a part to play in this - cages aren't free, and it's entirely possible supervision of the caged animal would be required to ensure it doesn't harm itself, in just the same way as violently insane patients.

In this world where werewolves are so commonplace legislation is required to accomodate their place in society, I imagine businesses catering to them would spring up - forests filled with game rented to wealthy werewolves, for example.

 

[Scourgexlvii]

Lol... I actually was considering this when I was writing my vampire book (put on hiatus until Twilight hype goes down, as despite the fact that they're extremely different, there are enough similarities on the first few pages to make it be compared with twilight, and I will not have anything I write be compared with that filth... /rant). Early in the book, one of the protagonists kills a vampire. I was unsure of how to approach this, because, even though at the moment, he was in a murderous rage, he was, in the scene just before, shown as being able to control his murderous instincts, despite being in a crowd of people (read: food). This would mean that vampires, even of the Maligus variety (long story short: inherently evil vampires, who have said blood rage) can control their thirst enough to be in a crowd of people without harming someone. This would mean that the character killed in a similar vein of self defense, but his callousness towards murder of this variety seemed too evil for me to be comfortable with... I almost tried to come up with a story arc for this, but I stopped writing after twilight came out in theaters... It was too depressing to feel that my book started off too much like twilight...

On the second count, I'd have to say that a werewolf would be held accountable for reckless endangerment (as said above that they are aware of their condition, and it's predictable) and if someone is killed, be given prison time the day before and the day after a full moon, to not only safely contain them, but also to give their werewolf persona, the law's justice.