How can anyone be expected to win a self-defense case?

[heeler]

I am beginning to get the impression there are a lot of attorneys on this website.
Dont talk...Get an attorney....Talk...You will appear guilty if you dont...
Ugghhhhhhh.

 

[9mmepiphany]

The Fifth Amendment right to silence, like the Second Amendment right to bear arms is there for our personal protection against the government. It takes a real shmuck to say you personally should give them up so you do not look like a bad guy.

I gather you are referring to the section which states "nor shall be compelled in any criminal case to be a witness against himself"...which is commonly referred to as the Right to Remain Silent in the Miranda warning.

However, you do give up that right when using Self-defense as justification for committing a homicide...it is an Affirmative Defense

While criminals are presumed to be innocent and charges need to be proven against them in court, this is reversed when you want to use Self-defense as a justification for the crime which you'll first be required to admit to have committed.

Now I should say that I am not a lawyer...but my wife is...and while I have stayed in a Holiday Inn recently, it wasn't last night. Most of my experience has been on the the investigation and collection of evidence side of these cases...but I have good friends who are very good Criminal Defense Attorneys

 

[catnphx]

Big difference between getting your a$$ kicked and fearing for your life. If I'm just getting my a$4 kicked the gun stays in its holster but if I'm fearing for my life and I didn't start the mess then out if comes.

 

[Kleanbore]

Posted by Sebastian the Ibis: If you look at what I actually posted you will see I wrote “You want your attorney to be driving to meet you the minute after you call. The chief reason is that your attorney can talk to the police without it being used against you, you cannot.

The reason you want your attorney present is that when you are questioned he can advise you about whether to answer. We are not talking about your being questioned here.

Your attorney can say each of points 1-4 without any risk since he can talk to the police without it being used against you, you cannot.

He can point out evidence and witnesses? Not at the outset, I'm afraid. You were there, he was not, and may not be there until it is too late.

As to point 3, what “material” evidence that helps you is not immediately apparent?

Read the article about Larry Hickey for a little hint.

 

[Frank Ettin]

Big difference between getting your a$$ kicked and fearing for your life...

Plenty of folks have been killed by unarmed assailants -- especially multiple unarmed assailants. And if you're carrying a gun, your unarmed assailant can quickly become an armed assailant.

 

[heeler]

And on that note fiddletown we had a high school coach that was messing around with another mans wife last year and said husband caught them in a parking lot,threw one punch and killed the coach.
Of course the coach died a day or two after the incident but he was killed by a punch..One...So it can most definitely be lethal.
So it goes to reason if several people are punching,kicking you the risk goes up.

 

[mortablunt]

There are pretty much three things that must be all there in order to make for a justifiable homicide.

#1: The act must be purely in defense of yourself and or others.
#2. The target must be doing something dangerous and violent when they are hit back.
#3. The only way to prevent the bad guy from doing serious damage is to use violence.

Only fire to protect. Do not chase a guy out in to the street after you've got him in the leg. The gun should be the last resort and you will get sympathy if you paint yourself as an ordinary person who only fired because they had no other choice.

 

[Bartholomew Roberts]

And on that note fiddletown we had a high school coach that was messing around with another mans wife last year and said husband caught them in a parking lot,threw one punch and killed the coach.

And it doesn't have to be an especially big or well trained person either, there is a 5'5" 142lb 22yr old woman who is on trial in Illinois right now for killing a man with a single punch. The guy had accepted a $5 bet to be punched in the face by a woman. Her punch burst an artery in his neck and he died from a brain hemorrhage.

 

[azmjs]

The best thing to do is to be sure that you use force only when truly appropriate and permitted by law.

 

[Art Eatman]

The thread is becoming circular...

Nuff fer now.