Courtroom Tactics-Defending the Self-Defense Case (Merged)

This is a discussion on Courtroom Tactics-Defending the Self-Defense Case (Merged) within the Defensive Carry & Tactical Training forums, part of the Defensive Carry Discussions category; Here's some interesting reading for after the shooting. If anyone is ever involved in a self defense shooting they are going to have an uphill ...

Results 1 to 11 of 11

Thread: Courtroom Tactics-Defending the Self-Defense Case (Merged)

  1. #1
    Ex Member Array BikerRN's Avatar
    Join Date
    Jan 2007
    Location
    State of Discombobulation
    Posts
    5,253

    Courtroom Tactics-Defending the Self-Defense Case (Merged)

    Here's some interesting reading for after the shooting.

    If anyone is ever involved in a self defense shooting they are going to have an uphill battle so to speak and this might be a good article to steer your attorney to.

    Defending the Self-Defense Case

    Biker

  2. Remove Ads

  3. #2
    Member Array Buckley's Avatar
    Join Date
    Jul 2009
    Location
    Fort Myers, Florida
    Posts
    40
    Great stuff. Thank you, sir!

  4. #3
    Member Array kdydak's Avatar
    Join Date
    Mar 2009
    Location
    Texas
    Posts
    158

    Defending the Self-Defense Case

    Cross posting this from another board. It is a very good read. It is geared more toward instructing Lawyers how to and not to defend a gun "Self-Defense" case. Good read in either case:

    Defending the Self-Defense Case

    Some excerpts (this is a long article):

    A self-defense case is fundamentally different from most other criminal prosecutions

    Many assumptions about trial tactics are inverted in a self-defense case

    Self-defense is all-or-nothing. In order to establish it, the client has to admit being at the crime scene, with a weapon, which he or she used to intentionally harm the aggressor

    In one fell swoop, the client has given up alibi and mistaken identity defenses. He or she has given up any claim that the wound was made by accident. Generally, the client must give up provocation (heat of passion or extreme emotional disturbance) Similarly, the client must give up claims of mental illness or insanity and defenses based on intoxication or drug use

    The client does not have to be a clean-cut pillar of the community who carries a lawfully-owned firearm in order to qualify for self-defense, but it is helpful

    Ideally, the client will also have some formal training in the use of deadly force which will allow the clientís teacher to testify about the clientís training in order to show that the clientís actions were subjectively reasonable. If the client has not had any formal training, counsel may still seek an expert to testify about use of force issues. However, the attorney may encounter difficulty showing that the expertís opinion is relevant if it was not the basis for the clientís subjective decision

    Unfortunately, the most difficult self-defense cases come from clients involved in gang- or narcotics-related homicides and assaults. The client generally has a criminal record for violent offenses; illegally carries a weapon; has a history of problems with the complainant (making it difficult to sort out who was the aggressor); fled from police; discarded the weapon; and made incriminating statements when questioned. The attorney will be very reluctant to put the client on the stand, especially if the clientís record can otherwise be kept out of the case. Experts are often very reluctant to get involved in such cases

    Self-defense situations develop very quickly. Bystanders who were not paying attention to the situation may not take notice until after a loud noise or sudden movement. Thus, they may miss important cues that led the client to believe he or she was in imminent danger. Once a weapon has been displayed, weapon focus will cause the witnesses to watch it, and perhaps miss other important events during the incident.

    Some authors suggest that the stress-triggered hormones affect the clientís memory, and that a client can provide more accurate statements if he or she waits 24 hours and gets some sleep before giving a formal statement.5 The attorney should ask about the investigating departmentís officer-involved shooting policy. If, like New York City, it requires that officers be given 24 hours and bed rest before giving a statement, and the client was pressured to give a statement sooner, the attorney may have good fodder for cross-examination

    Be skeptical about testimony by emergency room doctors. A 1994 study showed that hospital trauma specialists misinterpreted the number of gunshot wounds and mis-identified entry and exit wounds in 52.2 percent of cases studied (i.e., slightly worse than if they had guessed randomly)

    Third-Party Defense
    Things become more complex when a defender attacks an aggressor to protect a third-party. In some states, the defender stands in the shoes of the defendee. If the defendee is, for example, an initial aggressor or involved in mutual combat, then the defender acts at his or her peril

    ĎKillerí Bullets and Hair-Triggers
    The attorney should research the weapon and ammunition the client used. Ask the client why he purchased and carried that specific weapon. Research its self-defense uses.
    The client will be in the strongest position if he or she used a firearm and ammunition similar to that issued to local police departments

    Why Was the Client Armed?
    Although lawful possession of a weapon is not a formal requirement for self-defense, many court opinions mention the reason the defendant was armed. This is an important question to discuss with the client, especially if the client will testify at trial. If the client armed himself or herself in anticipation of the fight, this can be evidence of premeditated murder. A prosecutor might also argue that bringing a weapon to a confrontation is evidence of mutual combat or that the client was an initial aggressor.

    Self-defense or necessity generally will not protect the client from being convicted for unlawful possession of a firearm or other weapon, but the possession charge is a small price to pay for avoiding death or serious bodily harm in a genuine self-defense situation

    The right of self-defense is most endangered when it is inadequately defended in cases where the client is unsympathetic, has a long criminal record, or is a gang member or narcotics dealer who defended himself in a quarrel with a rival gang or dealer. Here, courts and police will be most willing to restrict the right of self-defense in an effort to curb urban violence. The decisions in these cases have a long reach and often unforeseen consequences. They affect the ability of law enforcement officers to use force in defense of the communities. They affect the ability of law-abiding citizens who lawfully own and carry defensive weapons to protect themselves, loved ones, and their community. Ultimately, the decisions in these cases affect every citizen in this country.

  5. #4
    Moderator
    Array RETSUPT99's Avatar
    Join Date
    Jul 2006
    Location
    Central Florida
    Posts
    44,652
    Excellent post...important points to ponder!
    The last Blood Moon Tetrad for this millennium starts in April 2014 and ends in September 2015...according to NASA.

    ***********************************
    Certified Glock Armorer
    NRA Life Member[/B]

  6. #5
    VIP Member Array rodc13's Avatar
    Join Date
    Jun 2006
    Location
    San Antonio, Texas
    Posts
    2,753
    Excellent article. Worth reading the long version. The specific case citations are helpful.
    Thanks for sharing it, kdydak.
    Cheers,
    Rod
    "We're paratroopers. We're supposed to be surrounded!" Dick Winters

  7. #6
    Senior Member Array gdm320's Avatar
    Join Date
    Jul 2009
    Location
    Florida
    Posts
    571
    Quote Originally Posted by Buckley View Post
    Great stuff. Thank you, sir!
    You're a Florida guy, so I wanted to point out Jon H. Gutmacher's website for you. He quite literally "wrote the book" on Florida firearm law. His book is for sale on his website and I've read it cover to cover half a dozen times already.

    If I ever get into a defense situation, he just might be my first call for representation.
    "Bravery is the capacity to perform properly even when scared half to death." -- General Omar Bradley

  8. #7
    Moderator
    Array RETSUPT99's Avatar
    Join Date
    Jul 2006
    Location
    Central Florida
    Posts
    44,652
    Good post...worth reading!
    Last edited by JD; August 5th, 2009 at 11:31 AM. Reason: Issuee addressed, threads merged.
    The last Blood Moon Tetrad for this millennium starts in April 2014 and ends in September 2015...according to NASA.

    ***********************************
    Certified Glock Armorer
    NRA Life Member[/B]

  9. #8
    VIP Member
    Array DaveH's Avatar
    Join Date
    Feb 2008
    Location
    SW Virginia
    Posts
    5,036
    Quote Originally Posted by rodc13 View Post
    Excellent article. Worth reading the long version. The specific case citations are helpful.
    Thanks for sharing it, kdydak.


    I sent a copy to my lawyer.
    Μολὼν λαβέ

    I'm just one root in a grassroots organization. No one should assume that I speak for the VCDL.

    I am neither an attorney-at-law nor I do play one on television or on the internet. No one should assumes my opinion is legal advice.

    Veni, Vidi, Velcro

  10. #9
    VIP Member Array ccw9mm's Avatar
    Join Date
    Jul 2006
    Location
    USA
    Posts
    26,612
    Good points.

    On the NACDL web site in the <Champion Magazine> screen, there is a Search utility that finds hundreds of previous articles on all sorts of topics, many of which relate to what we discuss here. Click for search.
    Your best weapon is your brain. Don't leave home without it.
    Thoughts: Justifiable self defense (A.O.J.).
    Explain: How does disarming victims reduce the number of victims?
    Reason over Force: The Gun is Civilization (Marko Kloos).
    NRA, SAF, GOA, OFF, ACLDN.

  11. #10
    VIP Member Array SatCong's Avatar
    Join Date
    Jul 2005
    Location
    Arizona
    Posts
    2,815
    Thankyou.
    NRA PATRON LIFE
    BROWN WATER NAVY

  12. #11
    Senior Member Array 2edgesword's Avatar
    Join Date
    Aug 2006
    Location
    New York
    Posts
    653
    Excellent article that very clearly highlights the potential for variations in the interpretation of the laws and facts related to deadly physical force encounters.
    Martial Blade Concepts, Jiu-Jitsu & Eskrima NRA, GOA, NYSRPA, LIF, Old Bethpage Rifle & Pistol Club

Links

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  

Similar Threads

  1. Relevant case law - something to add to your 2A/self-defense education
    By SIGguy229 in forum The Second Amendment & Gun Legislation Discussion
    Replies: 19
    Last Post: November 27th, 2010, 08:26 PM
  2. How to find an attorney in case of a self defense shooting ?
    By VAguy in forum The Second Amendment & Gun Legislation Discussion
    Replies: 14
    Last Post: July 29th, 2010, 03:39 AM
  3. Lasers - a case for self defense against them?
    By matiki in forum Off Topic & Humor Discussion
    Replies: 8
    Last Post: July 14th, 2008, 03:53 PM
  4. Fatal Shooting in Alaska May Be Case of Self-Defense
    By CT-Mike in forum In the News: The Good, the Bad and the Ugly
    Replies: 2
    Last Post: February 6th, 2008, 07:55 PM
  5. LMS Defense Team Tactics - Fayetteville, NC - March 8-9, 2008
    By Tony Siciliano in forum Defensive Carry & Tactical Training
    Replies: 1
    Last Post: January 21st, 2008, 04:41 PM

Search tags for this page

cost of defending a self defense case
,
courtroom defence tactics
,
courtroom defense tactics
,
courtroom tactics
,
defending self defense case
,
defending self-defense cases
,
defending?????????????????????
,
defense courtroom tactics
,
florida self-defense case citations
,

self defense strategies in courtroom

,
trial tactics for lawyer in self defense shooting
,

trial tactics self defense shooting

Click on a term to search for related topics.