General questions about American gun law and self-defence.

[Zundfolge]

In most cases, the unfortunate outcome that I see is that someone who legally defends themselves with lethal force is not charged with a crime, but they ARE then financially obliterated by the criminal's family in civil court.

I'd love to see some real world stats on that ... we always hear about how you can expect the family of the perp to sue you, but how often does it really happen? And when it does happen, how often do they win?

I only bring this up because I fear that this line of thinking is going to get good people killed as they second guess themselves while stainding behind the 8 ball, and may be silly gun shop urban myth.

 

[The Real Hawkeye]

I'd love to see some real world stats on that ... we always hear about how you can expect the family of the perp to sue you, but how often does it really happen? And when it does happen, how often do they win?

I only bring this up because I fear that this line of thinking is going to get good people killed as they second guess themselves while stainding behind the 8 ball, and may be silly gun shop urban myth.

I am sure it is rare, and when it does happen, so long as you actually were justified, you more than likely have nothing to worry about in a civil case either. Nine times out of ten, the perp you shoot will have a long rap sheet going back to juvie. Few would waste their money trying to win a case like that. In the ten percent that are not like that, if you had sufficient evidence to prove justified self defense in criminal court, you will have enough to prove it in civil court.

In criminal court, self defense is referred to as an affirmative defense. The prosecution has to prove that you committed murder beyond reasonable doubt, unless you assert the defense of self defense, in which case the burden shifts to the defense, but the standard of proof is merely preponderance, i.e., you must prove only that you were more likely than not justified in your actions. If you can prove that in criminal court, you can prove it in civil court, which has the same standard of proof, only the burden is on the plaintiff in that case.

 

[Cosmoline]

In most cases, the unfortunate outcome that I see is that someone who legally defends themselves with lethal force is not charged with a crime, but they ARE then financially obliterated by the criminal's family in civil court

This is not accurate at all. It's gun rag mythology whipped up by writers trying to sell copy. I know several people locally who've killed people in self defense, none of them have been sued let alone "financially obliterated." Nor have I ever seen any evidence to support they hype about civil suits arising from legit self defense shootings.

 

[Ginger]

You've gotten a lot of great information here.

In Colorado, the law specifically prohibits the criminal or the criminal's family from pursuing a civil action against victim, if the victim acted in self-defense.

Also, as far as the "imminent danger" thing goes, it depends completely on the circumstances. Sex, age, health, and sheer size all come into play. None of that matters if I am attacked in my home.