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Never talk to the police? ( refresher)
- Thread starter Twinsig
- Start date
ATN082268 said:Even a death in self defense situation should require the prosecutor to prove guilt of a crime. Besides, there would be a lot of situations that wouldn't add up to murder, for example, like some stranger who broke into your house at 3 am.
The problem is that the prosecutor may have very little difficulty proving the elements of a crime in that situation.
1. You shot a person
2. knowing it was a potentially deadly act, and
3. he died.
Since he's dead, he isn't going to describe how he broke in or that he didn't know you. The prosecutor just needs to prove the basic elements of a crime, and he has all that evidence. He isn't required to prove that you had no affirmative defenses to the charge.
Providing the evidence, which can include your testimony, that you had sufficient reason to shoot the fellow is a task the trial process puts on your "to do" list.
Even a death in self defense situation should require the prosecutor to prove guilt of a crime.
go back and read post #2. Frank does a fine job of spelling it out.
But, in case you missed it, in a nutshell, in a self defense situation, the prosecutor doesn't need to prove guilt of a crime, YOU ARE ADMITTING you did it in order to claim self defense.
There is, and can be no argument over IF you did it (shot, and killed someone) you ADMIT THAT. Your defense is that you had no other choice and neither would any other reasonable person in that situation.
And, again, as Frank pointed out, YOU have to prove that, in court. The prosecutor doesn't have to. Prosecutor doesn't have to prove anything, you already confessed (admitted) that you did shoot and kill someone.
YOU have to prove it was justified under the law, they don't.
Spats McGee
Administrator
The best way I've found to describe using SD in the courtroom is this: The SD Shooter & Defendant has to say, "Yes, I intentionally shot him, but I had a really good reason."
101combatvet
New member
It's all recorded.
Frank Ettin
Administrator
TBL004 said:During the course of a full investigation police rarely give more credence over who calls 911 first.
Phooey!
- Support your claim that, "During the course of a full investigation police rarely give more credence over who calls 911 first" with verifiable, credible evidence. It's your claim, so it's your burden to support it. Without verifiable, credible, supporting evidence it's reasonable to reject your claim out-of-hand as untrue.
- "Rarely" is not the same as "never."
"Police" may not. Perhaps prosecutors do?During the course of a full investigation police rarely give more credence over who calls 911 first.