Your right to remain silent.

[LemmyCaution]

If you plead self defense, you ARE ADMITTING to deliberate criminal homicide; self defense is an affirmative defense to that charge and as such has to be PROVEN by you. The state does not have to PROVE you guilty of homicide; you do that by claiming self defense. Then it is up to you to prove your claim that the homicide was justifiable.

Perhaps this is true in your state.

In VT, by claiming self defense, you are admitting to homicide, but not necessarily criminal homicide. VT acknowledges that there are legal homicides. Homicide, itself, is not necessarily a crime in VT. It is incumbent on the state to prove that a homicide is illegal in VT. If they do not believe they can prove it, the state will not prosecute it.

In fact, homicide is rarely a de facto crime anywhere. Deliberate homicide may be a crime in some jurisdictions- ie. Texas, but not all.

Read again:

§ 2305. Justifiable homicide
If a person kills or wounds another under any of the circumstances enumerated below, he shall be guiltless:
(1) In the just and necessary defense of his own life or the life of his or her husband, wife, parent, child, brother, sister, master, mistress, servant, guardian or ward; or
(2) In the suppression of a person attempting to commit murder, sexual assault, aggravated sexual assault, burglary or robbery, with force or violence; or
(3) In the case of a civil officer; or a military officer or private soldier when lawfully called out to suppress riot or rebellion, or to prevent or suppress invasion, or to assist in serving legal process, in suppressing opposition against him in the just and necessary discharge of his duty. (Amended 1983, No. 23, § 2.)

 

[Bartholomew Roberts]

EVERYONE should watch that video

The video has good advice in general; but for self-defense shootings, it is bad advice. The problem with a self-defense shooting is that in order to claim self-defense, you have to admit all of the elements of homicide. If you wait until your attorney is present to do this, you run the risk of police not finding witnesses or evidence that is critical to your case.

Abd you need to understand that sometimes not saying anything to police can cause more problems than it solves, as it did in the case of Larry Hickey.

The problem is, and this is insight I have gotten from several sources, that once people get talking after a stressful situation, they seem to lose the ability to stop or to keep their words in check.

And that is the flipside... I talked to a guy whose agency used to do post-shooting interviews with officers immediately after the shooting. They stopped doing that because even with training on these issues and an emphasis to be professional, guys would be so amped up after a shooting they were saying things like "O yeah, he pulled a gun and I blew his blanking brains out - I think I dumped the whole mag into him!"

That's why I think working through a loose script like the one Fiddletown mentions is a good idea. You want to communicate the essential information and then keep your mouth shut - not because you've committed a crime but because you are still in an amped up state where you may not even perceive some details accurately let alone be able to retell them to others.

 

[Frank Ettin]

In VT, by claiming self defense, you are admitting to homicide, but not necessarily criminal homicide...

Nope, not really.

You are admitting the elements of a crime. You are admitting that you intentionally shot someone.

You may be claiming justification. But a claim of justification is not an admission. It is merely an assertion. You will have to produce the evidence of the elements of justification, e. g., you shot "In the suppression of a person attempting to commit murder,..."(§ 2305(2)) or one of the other listed circumstance justifying lethal force, to support your assertion.

If you fail to sustain your claim of justification, your admission that you intentionally shot the guy puts you in prison.

 

[Guillermo]

but for self-defense shootings, it is bad advice

I could not disagree more.

When involved in a shooting it is best to have your lawyer talk to them.

In Texas you have 48 hours to make a statement. That statement needs to be approved by your attorney.

There is NOTHING that can help you by talking to the police

 

[Frank Ettin]

...There is NOTHING that can help you by talking to the police...

Except to --

• Say, "That person (or those people) attacked me." You are thus immediately identifying yourself as the victim. It also helps get the investigation off on the right track.
• Say, "I will sign a complaint." You are thus immediately identifying the other guys(s) as the criminal(s).
• Point out possible evidence, especially evidence that may not be immediate apparent. You don't want any such evidence to be missed.
• Point out possible witnesses.
• Say, "I'm not going to say anything more right now. You'll have my full cooperation in 24 hours, after I've talked with my lawyer."

 

[TexasRifleman]

Seems everyone has had input here and no one is likely to change their mind.

Some advise saying nothing at all, some advise saying a little.

Folks will have to decide for themselves what they will do.

But, that is something I think everyone agrees on; decide what you will say BEFORE you need to say it.

Thanks everyone.