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What to Do after a Self Defense Encounter

Discussion in 'Strategies, Tactics, and Training' started by Kleanbore, Apr 24, 2011.

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  1. Kleanbore

    Kleanbore Moderator Staff Member

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    Note: For discussion of this specific post, see http://www.thehighroad.org/showthread.php?t=589269
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    This subject comes up repeatedly on THR. In the event of a self defense encounter, whether it involves shooting or the mere presentation of a firearm, what one says and what one does not say can have a critical impact on the legal aftermath.

    There have been a number of articles and taped lectures, some of them published by renowned attorneys, advising persons who are questioned by police officers or investigators to say nothing until counsel is present.

    That is very good advice for most kinds of investigations. However, due to the very nature of a defense of justification involving a self defense incident, it is not recommended by knowledgeable legal experts for the kind of situation that arises when deadly force, or the threat of deadly force, has been employed to protect oneself or others.

    The reasons for that have been explained on numerous occasions here on THR. One of the most clear explanations has been posted on more than one occasion by our member fiddletown, who is an attorney, and who prefaces this with "I am a lawyer, but I'm not your lawyer. I'm not giving legal advice. I'm providing comment on a legal topic based on my training and experience". We are posting it for easy reference.

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    Note: For discussion of this specific post, see http://www.thehighroad.org/showthread.php?t=589269
     
    Tshoots and E.D.P like this.
  2. Kleanbore

    Kleanbore Moderator Staff Member

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    Here is Massad Ayoob on video discussing this subject.
     
  3. Kleanbore

    Kleanbore Moderator Staff Member

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    This interview of one of our members by a defense attorney also pertains to this subject.
     
  4. Kleanbore

    Kleanbore Moderator Staff Member

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    It is important to remember that one's objective here is not to memorize a rote statement for recital, but to be prepared to best further one's chances for a favorable outcome should worse come to worse. The key for that lies in knowledge and understanding.

    For those interested in further reading on this subject, a very thorough and thought provoking discussion of the subject at hand among several is recounted in this book. It should prove an eye opener for anyone who believes that a shooting that is thought to have been completely justified by the shooter will be necessarily seen as such by others after the fact.

    For those who are interested in reading more about burdens of proof and related subjects pertaining to self defense claims, see this. Fiddletown expands upon his explanation contained in in Post #1 that addresses how pleading self defense differs from most other criminal defenses, and adds a discussion of how "castle doctrine" laws enter into the picture, along with a discussion of laws that provide immunity from criminal prosecution and from civil suit for someone who uses force in justified self defense.

    The discussion of this last item covers Florida law in some specificity, but as noted, several states now have similar laws.

    As always, it is important to know the use of force law--law--the code, the case law, and how the law is applied--in any jurisdiction in which one may be traveling.

    Also as always, one's objective should not be to figure out how when to justify the use of deadly force, but to understand what one should do in the unfortunate event that all efforts to avoid the use of deadly force have failed.
     
  5. Kleanbore

    Kleanbore Moderator Staff Member

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    This is also very relevant and worth bookmarking and reading.
     
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