ATN said:
I can't recall where (online) but someone was saying that using a phrase like that would be bad for you in court. I personally don't find it incriminating but was curious about what others thought about it.
OK. That makes more sense.
It is certainly possible that a prosecutor who decides to proceed against you for a self defense incident could use your use of this cliche to paint a picture of you as relatively unconcerned with shooting someone.
All sorts of things
could push a prosecutor toward that decision, of influence a jury after that, but these are
possible influences, not binary determinants that guaranty a result. People get very wound up about single factors and sometimes seem to lose sight of the total picture. If you are a homocidal nut setting a murder trap for burglars in your garage, not using "Better to be judged by 12..." isn't going to be what saves you.
Where you are weighing a probability of prosecution, the variables are numerous. When you are thinking about introducing a new variable, you might consider whether that variable will be a detriment. I could imagine being a blowhard who makes flippant comments about killing people as a detrimental variable.
My real objection* to the aphorism is that it leaves out the better alternative, not being carried or judged by anyone.
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* I have very little criminal experience, and even my scant criminal experience may not apply well where ever you are.