We have discussed on many occasions the use of weapons in defensive situations; the requirements for succeeding in a legal defense of self defense; the importance of situational awareness and ways of deescalation, avoidance, evasion, and escape; and what to do after a defensive incident.
We have discussed charging decisions, the outcomes of grand jury decisions, verdicts at rial, and the results of appeals.
However, we have seen only rare glimpses of what has gone on in the courtroom in real trials. The linked 86-page .pdf file contains a true story by famed defense attorney Roy Black. It is about the politically and racially charged prosecution and the grueling trial of Luis Alvarez, a Miami police officer who shot and killed an armed thug in self defense while trying to take an unlawful concealed weapon from him.
The cultural environment in Miami when this trial took place was brutal, and it was not at all favorable for officers involved in use of force incidents. Things are not really very different in many major cities today.
There are some differences between the lawful actions of a civilian and those of an officer with the duty of taking suspects into custody. but the legal aspects of the use of deadly force are really not very much different. This account would be valuable for anyone.
It gives one real insight into politically-motivated criminal prosecution, trial strategy, risks, when to shut up, playing the heartstrings of jurors, mistakes concerning the interplay between direct and proper cross examination, jury intimidation, and how prosecutors can use threats of civil unrest to try to influence the outcome of such a trial.
I recommend taking the time to read it carefully.
Our member Massad Ayoob was one of the expert witnesses called by the defense.
Anatomy of a Murder was based on a book written by an attorney, and it is excellent. This true account almost makes Anatomy look like a run of the mill episode of Matlock.
There is never a dull sentence.
http://www.royblack.com/files/Alvarez.pdf
If you can devote an hour to it, listen to this:
www.forthedefensepodcast.com/episode/roy-black-for-luis-alvarez
One of the recurrent threads in the fabric of this account has to do with whether the officer had cocked his revolver (this trial took place back in revolver days). That was against regulations.The reason for the prosecution's pursuit line of questioning was to establish a basis for the jurors to find the defendant guilty of negligent homicide, a lesser included charge, if they did not agree with the murder charge.
Mitigation of that risk was the reason why many major police departments used double-action-only revolvers.
The same concern applies to civilians. There is also the issue of torts, which would make insurance coverage available to a victim.
We have discussed charging decisions, the outcomes of grand jury decisions, verdicts at rial, and the results of appeals.
However, we have seen only rare glimpses of what has gone on in the courtroom in real trials. The linked 86-page .pdf file contains a true story by famed defense attorney Roy Black. It is about the politically and racially charged prosecution and the grueling trial of Luis Alvarez, a Miami police officer who shot and killed an armed thug in self defense while trying to take an unlawful concealed weapon from him.
The cultural environment in Miami when this trial took place was brutal, and it was not at all favorable for officers involved in use of force incidents. Things are not really very different in many major cities today.
There are some differences between the lawful actions of a civilian and those of an officer with the duty of taking suspects into custody. but the legal aspects of the use of deadly force are really not very much different. This account would be valuable for anyone.
It gives one real insight into politically-motivated criminal prosecution, trial strategy, risks, when to shut up, playing the heartstrings of jurors, mistakes concerning the interplay between direct and proper cross examination, jury intimidation, and how prosecutors can use threats of civil unrest to try to influence the outcome of such a trial.
I recommend taking the time to read it carefully.
Our member Massad Ayoob was one of the expert witnesses called by the defense.
Anatomy of a Murder was based on a book written by an attorney, and it is excellent. This true account almost makes Anatomy look like a run of the mill episode of Matlock.
There is never a dull sentence.
http://www.royblack.com/files/Alvarez.pdf
If you can devote an hour to it, listen to this:
www.forthedefensepodcast.com/episode/roy-black-for-luis-alvarez
One of the recurrent threads in the fabric of this account has to do with whether the officer had cocked his revolver (this trial took place back in revolver days). That was against regulations.The reason for the prosecution's pursuit line of questioning was to establish a basis for the jurors to find the defendant guilty of negligent homicide, a lesser included charge, if they did not agree with the murder charge.
Mitigation of that risk was the reason why many major police departments used double-action-only revolvers.
The same concern applies to civilians. There is also the issue of torts, which would make insurance coverage available to a victim.
