Everything you say...

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I'll ask you the same question I asked JohnKSa, Bart: Can you list a self defense case or two where something said by the defendant on the Internet was used against them?

Well, it would take a great deal of research on my part and the only gain I would get from it is convincing you - which I really don't care about. Whether you believe the sun rises in the East in the morning has no effect on whether it does.

You can look in the Federal Rules of Evidence. You can look in your own state's rules of evidence. You can look at various criminal homicide cases where incriminating text messages, IMs and Internet posts have been admitted and ask yourself why "self-defense" is somehow going to change that equation?

If those don't satisfy you, you can continue to believe whatever suits you. No skin off my back.
 
Well, it would take a great deal of research on my part and the only gain I would get from it is convincing you - which I really don't care about.

HAHAHA

Isn't that worth it though? I mean, if it could save JUST ONE, JUST ONE it would be worth it...
 
There's no need to get too paranoid about this. If you post your intent to murder your neighbor over his lawn problems, whether here or on Facebook or in a letter to the editor, and your neighbor mysteriously ends up with a shotgun blast to the back in your own living room, chances are this will come out against you if you claim self defense. That and l lot of other facts like why he was there in your chair, unarmed, and why you shot him in the back.

If you post here about how much you hate the feds, is that likely to come up in a case where you shoot some mugger in self defense? No, it is not. There are a myriad of evidence rules to block that sort of thing.

Just use your head. Bragging about how you're going to slaughter people or set mantraps is stupid, actually doing it is the real problem. It's not the words that hang you--it's setting mantraps or slaughtering people. Remember the key elements of self defense--IMMINENT and UNLAWFUL DEADLY FORCE.
 
I re-format the hard drive every year, helps clean things up and the computer run better, cause the wife and kids like to download a lot of junk

Unless your servicing the hard drive with a round from your favorite noise maker you not doing much. Data on that hard drive can still be accessed, especially by well trained data forensic techs.

http://www.digitaldataforensics.com/

I typically will service my HDD every time I build a computer. And sometimes sooner than that. Since the price of HDD's is so low its not a big cost and its worth the anonymity on my computer, but that doesn't save me from servers, routers and switches that have seen my data.
 
Bart

The text messaging is the same as a phone call or letter via snail mail. Not the same thing. Admitting text messaging would be appropriate for snagging a pedophile, or rapist, or a con man; either of who use the Internet messaging as a tool for victim selection or enticement. Plenty of those cases pop up on the news all too often.

The Internet postings you referenced in the other link have a direct bearing on the case cited. Again, not the same thing.

Confining the discussion to the OP's cautions, I've yet to see a case where whatever was posted by an intended victim became an issue in a righteous self defense action that may or may not have ended in the death of the aggressor.

That said, heeding the warnings of you and others is not bad advice, if the warnings are akin to what Cosmoline posted at #56.

I feel confident in saying the following:

If I'm under attack and I've placed two or three rounds center of mass into my assailant and (s)he is still firing or lunging at me with a weapon other than a firearm, the next shot goes to the head. If I perceive the threat and all I have is a head shot, the head shot it is.

I may get choked up, I may get tunnel vision, I may soil my underwear, but I'll do what I'm able to do to survive.​

Thinking about these things and posting your thoughts only serves to enlighten others and solicits others thoughts that enlighten ourselves. I think it would tend to build confidence in ourselves to think about these things. Hesitation can get you as dead as if you made no effort at all to defend yourself. Not many of us get to run scenarios in activities such as IDPA, so we practice with our arms and run scenarios in our heads and bounce thoughts off others in Internet forums such as THR.

Just as I'd rather be judged by 12 than carried by 6, I'd rather learn from others than be carried by 6. Attitude is as important as proficient handling of firearms, and that attitude must be tempered with split second assessment that is tied to a plan of action. If I submit that plan of action on the Internet, it isn't a threat to anyone who might be considering attacking me - no one knows who I am anyway so no one could be planning to attack me who reads this stuff. I submit that action plan for discussion, edification, temperance, modification, concurrence, any or all of the forgoing. It's about consensus.

If you have a consensus, there is little can be done if it's nearly everyone's plan of action. Then again, if prosecution takes one snip-it of what you've written on the Internet, you can introduce anything else you've written on the Internet that might be exculpatory, or show the evolution of an attitude that is wholly acceptable in anyone's book.

It's a can of worms for the prosecution if you ask me. But since you didn't ask me, maybe it's only a confounding "Ooh, I didn't think of that!" said the ADA to his DA or AG.

Maybe that's why there isn't much if any case law on this narrow subject for you or JohnKSa to find in the first place. I think if there were at least one such case, it would be touted by the anti-gun-rights crowd louder than we shout the praise of Heller.

Woody

"The United States of America is not up for grabs. Keep your hands off and steer clear. Free people live here - Free people who are determined to stay free. Our rights and freedom will be defended with extreme prejudice." B.E.Wood
 
Again, most of your post sounds good but is essentially irrelevant to the topic at hand. Dunno what else to say about that...
Maybe that's why there isn't much if any case law on this narrow subject for you or JohnKSa to find in the first place.
This is one of those times where you can do the smart thing or you can spend a lot of time researching it in an attempt to prove you can do something else. Even after all that research, the best you could hope to show was that it's never made a difference in the past--there's no way to prove it won't make a difference in a future case.

If you want to do the research to try to prove your point you're welcome to it. I'm taking option one. ;)
 
I don't have to prove a negative. Thank you; it's been fun.

What's next?

Woody

Look at your rights and freedoms as what would be required to survive and be free as if there were no government. If that doesn't convince you to take a stand and protect your inalienable rights and freedoms, nothing will. If that doesn't convince you to maintain your personal sovereignty, you are already someone else's subject. If you don't secure your rights and freedoms to maintain your personal sovereignty now, it'll be too late to come to me for help when they come for you. I will already be dead because I had to stand alone. B.E.Wood
 
shdwfx said:
Everything you say can and will be used against you in a court of law.

Can and will.

Everything.....
Yup, that's pretty much true and a fact of life, at least insofar as what you say could in some way be useful to me in my case against you. In civil matters (since I didn't do "criminal") I've used past statements, in whatever form available, as evidence of state of mind, intent, knowledge, character, to impugn credibility, etc. It's just the way it is folks.

Of course, I won't care about statements you may have made that don't help me or that might help you. But if I think that I can get any mileage, for any purpose, out of anything you might have said or written anywhere, and if I can get it into evidence, you can bet your bibby that I will use it. And I have done so, often to good effect (well good for me -- not good for you).

ConstitutionCowbay said:
...In a court of law, it would have to be proven that what ever those beliefs and convictions are led to an injudicious act...
Nope, this isn't true at all. Your prior statements can be used for a variety of purposes, as outlined above. Most of the time, if they are useful for the purpose, they will be used to show your state of mind, intent, character and/or credibility. It is a universally used tactic and one that I have used in various matters on many occasions.
 
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