BigDave
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imported post
Good thread on these issues concerning the aftermath of possibly being charged with a crime, even though you acted appropriately.
I would like to recommend that who ever can afford it to take Massad Ayoob Class on The Judicious Use of Deadly Force as he has very valuable information in these subjects.
Issue of carry your own reloads is not recommended on a couple of issues one being that factory ammo especially today have very extensive testing to ensure that hollow point opens properly and for those who reload there is an occasion a misfire will occur.
Second is that if ammunition is need for forensics there is a high likely hood the prosecution will object as to the reloads are coming from someone that has a vested interest in the out come so it will be considered coming from someone with out clean hands. With factory loads one needs to keep record of the lot numbers as major manufactures keep on hand just for this purpose.
Issue concerning your carry weapon as to competition trigger jobs that are recommended not for carry or even guns that are named Cobra, or with an implication of being even more deadly can harm ones view from the jury, remember it is a dumbed down jury and any negative comments as being more dangerous and deadly even though we know better can be believed.
When it comes to training, document all of your training courses and outlines, even mail them to yourself to prove that you knew this prior to the incident at hand. Why because it will be admissible in court because this is what you knew prior to and at the time of the incident. If you were to find this information after the fact or it was made to appear that you just found out you may well not be able to present your past knowledge to the jury as to why you acted the way you did and in a justifiable manner.
Jurors are our peers and during the course of selection those who have backgrounds in firearms, laws on self defense that could be bias will be eliminated as the Defense and Prosecutors are looking for a well for the lack of a better term a dumbed down jury that does not have preconceived notions on the case..
Having your training documented you will be given the opportunity to present evidence as to what you knew before and during the incident, thus educating the jury.
When it comes to what to tell the Officers at the scene or upon reporting an incident, I agree we need to use caution, but there are things that we need to tell them so vital evidence is not lost because of shut up and lawyer up attitudes.
People will have a tendency to seek out others approval from Police Officers and during this time there is a tendancy to change the story a bit in rationalizing why we did what we did until we get that feeling of support, this is why Officers say little so you will keep talking, so on this issue yes shut up.
What information I do offer is Who, What, Where and When these are the basic elements of the crime and evidence that needs to be collected for your benefit and for the Police to do their job. Anything more then I will make myself available with in 24 hours after talking to my attorney.
Remember you are the victim in this, your position in this should be Yes I did shoot him because I was in fear for my life and this is why, not taking the position of shut up and prove it as the criminals do.
Note that in a Self Defense Claim it is an Affirmative Defense that is saying yes I shot him and was legal to do so because I was in fear of my life, now the State must prove it was not Self Defense beyond a reasonable doubt. (this may vary in the State where it occurred.)
Good thread on these issues concerning the aftermath of possibly being charged with a crime, even though you acted appropriately.
I would like to recommend that who ever can afford it to take Massad Ayoob Class on The Judicious Use of Deadly Force as he has very valuable information in these subjects.
Issue of carry your own reloads is not recommended on a couple of issues one being that factory ammo especially today have very extensive testing to ensure that hollow point opens properly and for those who reload there is an occasion a misfire will occur.
Second is that if ammunition is need for forensics there is a high likely hood the prosecution will object as to the reloads are coming from someone that has a vested interest in the out come so it will be considered coming from someone with out clean hands. With factory loads one needs to keep record of the lot numbers as major manufactures keep on hand just for this purpose.
Issue concerning your carry weapon as to competition trigger jobs that are recommended not for carry or even guns that are named Cobra, or with an implication of being even more deadly can harm ones view from the jury, remember it is a dumbed down jury and any negative comments as being more dangerous and deadly even though we know better can be believed.
When it comes to training, document all of your training courses and outlines, even mail them to yourself to prove that you knew this prior to the incident at hand. Why because it will be admissible in court because this is what you knew prior to and at the time of the incident. If you were to find this information after the fact or it was made to appear that you just found out you may well not be able to present your past knowledge to the jury as to why you acted the way you did and in a justifiable manner.
Jurors are our peers and during the course of selection those who have backgrounds in firearms, laws on self defense that could be bias will be eliminated as the Defense and Prosecutors are looking for a well for the lack of a better term a dumbed down jury that does not have preconceived notions on the case..
Having your training documented you will be given the opportunity to present evidence as to what you knew before and during the incident, thus educating the jury.
When it comes to what to tell the Officers at the scene or upon reporting an incident, I agree we need to use caution, but there are things that we need to tell them so vital evidence is not lost because of shut up and lawyer up attitudes.
People will have a tendency to seek out others approval from Police Officers and during this time there is a tendancy to change the story a bit in rationalizing why we did what we did until we get that feeling of support, this is why Officers say little so you will keep talking, so on this issue yes shut up.
What information I do offer is Who, What, Where and When these are the basic elements of the crime and evidence that needs to be collected for your benefit and for the Police to do their job. Anything more then I will make myself available with in 24 hours after talking to my attorney.
Remember you are the victim in this, your position in this should be Yes I did shoot him because I was in fear for my life and this is why, not taking the position of shut up and prove it as the criminals do.
Note that in a Self Defense Claim it is an Affirmative Defense that is saying yes I shot him and was legal to do so because I was in fear of my life, now the State must prove it was not Self Defense beyond a reasonable doubt. (this may vary in the State where it occurred.)
