The reality is "tried by 12 and then tried by another 6 rather than carried by 6"
It sounds good.
Until you're the one on trial.
- You fatally shoot someone who in front of a crowd of witnesses announced he was going to kill you, drew his gun and fired at you (and fortunately missed).
- You are arrested.
- You are interrogated by the police for hours on end.
- You get to be the guest of the county for three days until your family can arrange an attorney, get bail set and then posted.
- You are fortunate that you and your friends can raise the $500,000 for your bail because you can't afford to pay the 10% fee for a bail bondsman.
- You get fired from your job because your notareity in the media isn't good for the reputation of the firm so you no longer have a paycheck coming in even though the criminal defense attorney wants a $15,000 retainer.
- Now that you're unemployed, welcome to Obamacare.
- Your kids get bullied at school because their father is a "killer".
- Three months later you are fortunate that the grand jury declines to indict you.
- You are spared the cost and demands of a criminal trial.
- Your wife starts taking antidepressants.
- Four months later, your criminal defense attorney sends you a check for $1,212; the unspent portion of your retainer.
- As soon as you learn you will not be criminally prosecuted, a process server gives you notice that you are being sued for $10 million by the family of your assailant for his wrongful death.
- Your civil defense attorney also wants a $15,000 retainer.
- With the criminal case now resolved, you are able to find work again - at 2/3 the salary you had been making.
- You attend - and pay for - depositions.
- You interview - and pay for - expert witnesses.
- You commission - and pay for - a forensic reconstruction of the "crime scene".
- The trial lasts two weeks.
- You haven't been in your new job long enough to have earned leave, so you miss getting paid for two weeks.
- You find out your daughter has started drinking to cope with the stress.
- Your son can't get his driver's license because nobody has had time to teach him.
- The jury fortunately finds in your favor.
- The family of your assailant appeals.
- You pay for the costs of appealing your defense of a case you "won".
- A year later your attorney calls to tell you the hearing has been scheduled.
- Another couple of days off work - this time you've been working long enough to have leave so you spend your "vacation" in court.
- Two months later the appellate court finds in your favor.
- The attorney fees and experts have cost $85,000.
- On an installment plan, you will have them paid off by the time you are 63.
- You figure you will then be able to save up enough money to retire when you are 72.
You spend the rest of your life (at least up to this point) reassessing whether or not you should have fired or just run away (the law in that particular state did not require the person retreat first).
I may have missed a detail here or there because I mercifully didn't live this, I just had to help the guy who did live this make bail. And the decision to carry and the decision to use the gun is just too serious in my book for the "I'd rather..." bravado.