Frank Ettin
Administrator
First, it's not a "good shoot" unless the jury says so. If the jury convicts, they decided that it wasn't a "good shoot."
Yes, we know that there doesn't appear to be a case documenting jury bias because of the use of handloaded ammunition, but this would be a trial court matter, and trial court activities are not well publicized or generally published in the official legal reporters. Only decisions of courts of appeals on matters of law are regularly published.
But I know what I, as a prosecutor, could do with the information; and I also have seen lawyers significantly and effectively impugn the character and thus the credibility of witnesses. I know from post verdict interviews of jurors in matters in which I've been involved that jurors have discounted, and disbelieved testimony because of such attacks on a witness' character or because they found some aspect of a witness' conduct distasteful or inappropriate. And I have come to appreciate how important it can be to gain the trust and good will of a jury.
In addition, there really aren't a whole lot of self defense shootings, in the scheme of things, by private citizens. Most defensive uses of a gun by a private citizen do not result in the discharge of the gun. And of those cases that involve firing the gun, not all go to trial.
I would also suspect that the great majority of private citizens who own guns for self defense, including those with CCWs, are not necessarily enthusiasts. They most like own and carry factory stock guns loaded with ordinary, commercial ammunition. So in fact, it's pretty unlikely that there have been too many cases in which handloaded ammunition was used.
So as is often that case, it's unlikely that there is any real history that would help us predict how a case would play out in which handloaded ammunition were used. So we have to rely on general principles, and experience with other, reasonably analogous, fact situations. We have to do this sort of thing all the time: apply training, judgment and experience to novel situations.
Or someone could choose to go first. Personally, I think I'll pass up that opportunity.
Yes, we know that there doesn't appear to be a case documenting jury bias because of the use of handloaded ammunition, but this would be a trial court matter, and trial court activities are not well publicized or generally published in the official legal reporters. Only decisions of courts of appeals on matters of law are regularly published.
But I know what I, as a prosecutor, could do with the information; and I also have seen lawyers significantly and effectively impugn the character and thus the credibility of witnesses. I know from post verdict interviews of jurors in matters in which I've been involved that jurors have discounted, and disbelieved testimony because of such attacks on a witness' character or because they found some aspect of a witness' conduct distasteful or inappropriate. And I have come to appreciate how important it can be to gain the trust and good will of a jury.
In addition, there really aren't a whole lot of self defense shootings, in the scheme of things, by private citizens. Most defensive uses of a gun by a private citizen do not result in the discharge of the gun. And of those cases that involve firing the gun, not all go to trial.
I would also suspect that the great majority of private citizens who own guns for self defense, including those with CCWs, are not necessarily enthusiasts. They most like own and carry factory stock guns loaded with ordinary, commercial ammunition. So in fact, it's pretty unlikely that there have been too many cases in which handloaded ammunition was used.
So as is often that case, it's unlikely that there is any real history that would help us predict how a case would play out in which handloaded ammunition were used. So we have to rely on general principles, and experience with other, reasonably analogous, fact situations. We have to do this sort of thing all the time: apply training, judgment and experience to novel situations.
Or someone could choose to go first. Personally, I think I'll pass up that opportunity.