I know of no other rifle that is more traditional than the 5.56 semi-only AR's. Heck, just about every issue of American Rifleman features one of these on its cover now!
So how many of those that believe "get some" or "born to kill" displayed on a self defense firearm would actually have significant impact on a trial have done the opposite??
You know peace signs and pictures of tulips and daisies?
The subject will not become a subject for discussion unless the defense attorney puts the defendant on the stand and introduces the subject by asking questions. That would open the issue for cross examination, and it would not be a good idea.Posted by JD0x0: Couldn't she just claim it was a gift, and the design and graphics on her gun, in no way reflected her intentions with the firearm, she just liked the color.
Couldn't you argue, "that's what they had at the store" or "That's what I found astatically pleasing, and it in no way influences my intentions of how and when to use my firearm."
Who knows? Dr. Meyer's jury simulations tell us that modern military style black rifles and pistol grip shotguns can influence juries negatively. The literature also tells us that certain kinds of ammunition can be problematical.What about a chrome, versus black, versus gold plated, versus camo painted, versus pink, versus green, painted firearms. Which one's are the jury going to decide is 'worse?'
Where do you draw the line?
Google Arizona v. Harold FishSPEMack618 said:Not to thread hi-jack, but what on earth would be the problem of using a 10mm gun as an EDC piece?
I mean the FBI used to issue it.
A retired schoolteacher whose hobby was hiking is accused of killing an unarmed man, a total stranger, just seconds after they met on the same hiking trail. The question is why?
Source: http://www.nbcnews.com/id/15199221/ns/dateline_nbc-crime_reports/t/trail-evidence/The firearms investigator said that Fish’s gun — a 10mm — is more powerful than what police officers use and is not typically used for personal protection. And the ammunition Fish used to shoot Kuenzli three times, called “a hollow-point bullet,” is made to expand when it enters the body.
Skans said:"Ladies and Gentlemen of the jury, ask yourself why this sick,...
JD0x0 said:...Couldn't you argue,...
What none of you seem to be able to grasp is how this all can happen at a trial. It's not necessarily a matter of the prosecutor making comments. And any embellishments on the gun will "come up" quite naturally.ClydeFrog said:...I don't think the pink grip would even come up.
Glenn E. Meyer said:...When the gun is presented into evidence and shown to the jury - you may get negative ideation. The DA may not may a histronic speech but just show the gun.
Thus, do you want your defense attorney to bring up the issue? That might just suggest it was a bad choice. and you are making excuses.
This came up at the TX Bar Continuing Legal Education Seminar and the consensus was that it would be very difficult to keep the gun or pictures of it from being shown to the jury.The gun will also most likely be shown to the jury...
Legally, I think the focus in a court case will be on the facts NOT the color on the ammo and firearms. If these are brought in as evidence that is probably a sign that the real facts of the case are sketchy and the attorney is grasping at straws.
I imagine the judge's gavel would come down hard to stop the snickering the minute the word "zombie" is brought up in court.
Pico
I hate to put it quite this way, but had you read some of the discussion, you might have learned something. One who understands how juries work would not so "echo."Posted by Justice06RR: I didn't read the entire thread, but I'd echo what Pico posted above.
Nobody is saying that you should allow yourself to be killed if you're attacked by an axe-wielding zombie while holding a 10mm pistol with Punisher grips, a barrel that says "Hippies watch for flash" around the crown, and loaded with handloads. However, that doesn't mean that choosing that pistol as part of your EDC package is the wisest choice you could make. Juries are influenced by a lot of different factors, some of which may seem trivial. Ever notice the differences between a booking shot, and the way a defendant appears at trial? Appearances make a difference to juries.
When I see threads like this (legal liability based on the appearance of a firearm, or modifications to a firearm, or the ever-popular handloads vs. factory loads), I keep coming back to the same thought: Prepare for a legal fight the same way that you would prepare for a gunfight. Hope for the best. Prepare for the worst. Eliminate the variables where possible. Don't spot the opposition any points.