Carl Levitian
member
Of course, surviving a rude encounter is the most important thing to do at the moment. But in any encounter, especially when a weapon of some type is used, there's always the aftermath.
I see a lot of home made weapons posts, home made clubs, knives, and so on. Before you have any encounter with those of the lawless type, you have to give some thought as to how what you use will stand up to scrutiny.
I've always thought that I should not carry anything that can't be explained away in a day to day real life world, and how if fits in with day to day life. I've looked at everything in the context of 'how would this look to a jury, if I really ruined somebody's day with it?'.
I ended up in court once, several years ago, when an off leash pit bull attacked our Welsh Corgi in a park where the better half and I were taking a walk. Since it was a wooded park, with hiking trails, I had my hornbean staff instead of my usual walking stick. I ended up using the staff like a sledgehammer to bash the attacking dog over the head. To make a long story short, the pit bull was killed, and the owner, who then attacked me for hitting his dog, got the staff used on him. The park police charged him with having a vicious dog off leash, and attempted assault. The police didn't look twice at my hiking staff, except to remark it was a nice stick. It fit the surroundings and activity.
When the pit bull owner tried to sue me in civil court after getting zero satisfaction in criminal court, the judge tossed his case out on the grounds that I was not using a "prepared weapon" and was defending myself and my dog with what was at hand. This made a deep impression on me, the phrase "Prepared weapon". I can only wonder if I would have got off so easy if I had a pick ax handle with a taped grip or some other home made weapon, let alone some cane that has the company owner on Internet video bashing up cinder blocks with it.
Year before last, I had a run in at a local bagel and sandwich shop. I defended myself by opening a humble Opinel number 8 folder, and making it very clear that Yeah, he could get me, but he's going to die doing it. The police showed up, figured out from witnesses what was going on, and the cop that had my Opinel and was looking at it with curiosity, told me to put it back in my pocket. It seems like innocent first impressions are everything. I can only wonder if he would have been so generous to me if I had some wicked looking tacticool knife.
It's a free country, carry what you want, but I wonder if it all comes down in the end to this; how do you feel about what you are going to carry, being held up in front of a civil suit jury, because it really did a number on some lowlife and his family got an ambulance chasing slick lawyer to sue you. Even though you did nothing wrong, and the police gave you a pat on the back, they will claim the poor victim was in the church choir as a child, was a good boy to his grandma, and all kinds of bull hockey. But they will center on what you used to paint you in a bad light. So the loaded clubs, spiky stabbers, and mall ninja devises like polymer knuckles and jaw jackers and saps, can be more trouble in the end than they are worth. Any quick search on the Internet can turn up some bad news for your defense. Can a dedicated kuboton do that more damage than an AA minimag? Or the latest tactical pen hurt more than a Cross pen shoved into a mastoid gland?
It's not the DA's you have to be wary of, it's the lawyers. Be thoughtful on what you carry, and how it will look to 12 lemming like jurors.
Carl.
I see a lot of home made weapons posts, home made clubs, knives, and so on. Before you have any encounter with those of the lawless type, you have to give some thought as to how what you use will stand up to scrutiny.
I've always thought that I should not carry anything that can't be explained away in a day to day real life world, and how if fits in with day to day life. I've looked at everything in the context of 'how would this look to a jury, if I really ruined somebody's day with it?'.
I ended up in court once, several years ago, when an off leash pit bull attacked our Welsh Corgi in a park where the better half and I were taking a walk. Since it was a wooded park, with hiking trails, I had my hornbean staff instead of my usual walking stick. I ended up using the staff like a sledgehammer to bash the attacking dog over the head. To make a long story short, the pit bull was killed, and the owner, who then attacked me for hitting his dog, got the staff used on him. The park police charged him with having a vicious dog off leash, and attempted assault. The police didn't look twice at my hiking staff, except to remark it was a nice stick. It fit the surroundings and activity.
When the pit bull owner tried to sue me in civil court after getting zero satisfaction in criminal court, the judge tossed his case out on the grounds that I was not using a "prepared weapon" and was defending myself and my dog with what was at hand. This made a deep impression on me, the phrase "Prepared weapon". I can only wonder if I would have got off so easy if I had a pick ax handle with a taped grip or some other home made weapon, let alone some cane that has the company owner on Internet video bashing up cinder blocks with it.
Year before last, I had a run in at a local bagel and sandwich shop. I defended myself by opening a humble Opinel number 8 folder, and making it very clear that Yeah, he could get me, but he's going to die doing it. The police showed up, figured out from witnesses what was going on, and the cop that had my Opinel and was looking at it with curiosity, told me to put it back in my pocket. It seems like innocent first impressions are everything. I can only wonder if he would have been so generous to me if I had some wicked looking tacticool knife.
It's a free country, carry what you want, but I wonder if it all comes down in the end to this; how do you feel about what you are going to carry, being held up in front of a civil suit jury, because it really did a number on some lowlife and his family got an ambulance chasing slick lawyer to sue you. Even though you did nothing wrong, and the police gave you a pat on the back, they will claim the poor victim was in the church choir as a child, was a good boy to his grandma, and all kinds of bull hockey. But they will center on what you used to paint you in a bad light. So the loaded clubs, spiky stabbers, and mall ninja devises like polymer knuckles and jaw jackers and saps, can be more trouble in the end than they are worth. Any quick search on the Internet can turn up some bad news for your defense. Can a dedicated kuboton do that more damage than an AA minimag? Or the latest tactical pen hurt more than a Cross pen shoved into a mastoid gland?
It's not the DA's you have to be wary of, it's the lawyers. Be thoughtful on what you carry, and how it will look to 12 lemming like jurors.
Carl.