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JGM
JGM, Solicitor
Category: Law
Satisfied Customers: 11143
Experience:  30 years as a practising solicitor.
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If I am challenged to a duel, if hypothetically I was to in

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If I am challenged to a duel, if hypothetically I was to in a public statement accept stating place and weapon of choice what would be the legal ramifications. If again, following such a statement, what would be the ramifications of fighting in such a duel. ie would the challenger be considered the aggressor thus making a plea of self defense credible in law.
Would laws on dueling haven fallen out of usage by now, making charges of assault with a deadly weapon, murder, man slaughter or similar the legal consequence. Also would be issuing a challenge to a duel in the first place carry any legal consequences?
Submitted: 2 years ago.
Category: Law
Expert:  JGM replied 2 years ago.
Thank you for your question.
Issuing a challenge for a duel could be said to be a potential breach of the peace.
Arranging a duel would render both parties liabile to charges of conspiracy to murder or serious assault and possibly an aggravated charge of breach of the peace were they to carry through and actually set up the duel.
Further charges would depend on the result: murder, attempted murder, assault
Please leave a positive response so that I am credited for my time.
Customer: replied 2 years ago.

Disappointing having moved the slider bar up to detailed response I am left wondering what a minimal response would have been. Although, I guess from what you say the law is pretty unequivocal on the matter. Your information seems contradictory or confused. Issuing a challenge would be a potential breach of the peace, but if the challenge where accepted that would escalate it for the challenger to charges of conspiracy to murder or serious assault. If the challenge being accepted makes both parties liable to conspiracy to murder, how can issuing the challenge not be more serious than breach of the peace. In short you have provided me no more than I could have guessed and left me more confused than I was before I asked. You have not also address even if to just dismiss scots law, the issue of a self defence claim. Also, the representative I was given to understand would answer my enquiry was JC, perhaps I was reading the site wrong, but it looked like JC was tendering to answer and it was my understanding on having read her qualifications I was paying her. Lastly, I will not hit the unsatisfied link or attempt to not pay, but my rating reflects my comments above.

I suppose, that you will not reply to this as I've had my reply. I merely explain why I have negatively rated you.

Expert:  JGM replied 2 years ago.
I'm sorry you take that view.
The nature of a dual is that two people voluntarily elect to shoot guns at each other.
That is why a challenge made unilaterally would only constitute a breach of the peace but if accepted would then result in conspiracy type charges. There is nothing contradictory or confusing about this.
Nor can there be issue of self defence when both parties have embarked on the dual. Neither are forced to do so in the modern world. So to say there is any element of self defence where both parties volunteer to fight a dual is quite a bizarre proposition.
I hope you now understand this.
JGM and 2 other Law Specialists are ready to help you
Customer: replied 2 years ago.

Ok, this answer is far more satisfactory, I will rate accordingly. Although, the actual challenge stipulates pistols or swords but this a cosmetic distinction. I understand the conspiracy issue, my confusion was the escalation from breach of the peace, to conspiracy to murder. But from you answer I kind of get that in accepting it escalates from a threat to an undertaking to commit an actual offence if I read what your saying correctly. As to bizarre, it is, but that's the internet for you. A well know person has indeed issued a challenge to duel with sword or pistol any member of a group, I was curious if calling him out to have him no doubt decline would end up in me being charged with a crime this you have answered.

Thank you for clarifing and please disregard the reply to your bot.

James.