Using my life against me at self defense trial

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Re: Using my life against me at self defense trial

Postby Van Canna » Mon Apr 25, 2011 5:18 am

Living your Life
So what does this mean? If you have decided to learn about self-defense, train in a martial art or with a weapon, and/or carry a weapon in self-defense, then you have decided that the risk of your being involved in a situation in which you may need to defend yourself or another outweighs the inconvenience, class fees, and time invested in learning these skills.

If you do get involved in that rare instance, there is a risk of a criminal investigation and prosecution.
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Re: Using my life against me at self defense trial

Postby Van Canna » Mon Apr 25, 2011 5:20 am

If these events occur --- you have had to use force in self-defense, and the situation is sufficiently ambiguous that you have been prosecuted and decided to go to trial --

- the police investigation may uncover many aspects of your life, such as the number and types of firearms that you own; the self-defense training you have taken; how often you go to the range or practice martial arts; views you may have expressed about self-defense; self-defense or firearms ownership organizations you may belong to; magazines you may read; and other aspects of your life.

The prosecutor may believe that some or all of these parts of your life indicate that you did not act in self-defense and may try to use those aspects against you in the trial.

Whether he or she can do so will depend on the specifics of the situation --- and there is no way to predict those before the event.
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Re: Using my life against me at self defense trial

Postby Van Canna » Mon Apr 25, 2011 5:21 am

Just as you have weighed the risks of violent crime and the costs of self-defense training, you alone will have to weigh the benefits of how you want to live your life against the risk of that hypothetical prosecution.

If that rare situation should arise, the broad guidelines of relevance, materiality, and the balance between probative value and prejudicial effect will determine to what extent this information will be presented to the jury in your case.
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Re: Using my life against me at self defense trial

Postby Jason Rees » Mon Apr 25, 2011 6:32 am

Good information. Thanks, Van. :)
Life begins & ends cold, naked & covered in crap.
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Re: Using my life against me at self defense trial

Postby Van Canna » Mon Apr 25, 2011 1:26 pm

I see it as vital information, Jason.

Most of us proceed blindly along a 'supposed path' of righteous self defense thoughts and opinions.

Reason why this article by Attorney Steele is so hard hitting
or should be for any of us taking martial arts etc.

This one here in Mass does merit much introspection:
So the first question is – how is this fact relevant to this case? The weapon, if any, used in self-defense and any other weapons or equipment the defendant may have been carrying or had ready access to are, of course, relevant.

Thus, in Commonwealth v. Peppicelli, 70 Mass.App.Ct. 87, 872 N.E.2d 1142 (2007), the prosecutor could introduce testimony not only about the handguns used by the defendants, but also the amount of extra ammunition they carried, and the knives that each had.


Time to 'inventory' the self and the vehicle you drive? :)
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More from Attorney Steele

Postby Van Canna » Mon Apr 25, 2011 1:38 pm

Finding and hiring counsel.

http://www.neshooters.com/counsel.pdf
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From arrest to start of trial

Postby Van Canna » Mon Apr 25, 2011 1:42 pm

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Now Comes the Miranda quandary

Postby Van Canna » Mon Apr 25, 2011 1:49 pm

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trial and post conviction

Postby Van Canna » Mon Apr 25, 2011 1:51 pm

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Owning and Carrying Non-Firearm Weapons

Postby Van Canna » Mon Apr 25, 2011 2:54 pm

This article by Attorney Steele should be mandatory reading for all of us.

http://neshooters.com/otherweapons.pdf

Lisa Steele
Store items that might arguably fall in a grey area in a solid,
locked container in the trunk (if possible). In Connecticut, the statute appears to prohibit
weapons anywhere in the vehicle; however, having an item in a locked container away
from the passenger area may suggest that you do not intend to use it as a dangerous
weapon.


If you are stopped and asked whether there is a weapon in the car, you will have
to decide what to say.

If you say yes, the officer will want to see the weapon and there
may be questions about your right to possess it. If you say no, and the officer finds the
weapon, your credibility is lost.

Where the laws are ambiguous, the officer has
considerable discretion about whether to arrest you and/or confiscate the item. In general,
be polite and don’t argue with the officer.

Remember that any statements you make may
be used against you.

D on’t waive your M iranda rights, either.

Do not waive your rights regarding searches. An officer who stops your car can
look around the passenger compartment.


If he or she has a fear for his or her safety, you
can be ordered out of the car and frisked and the passenger compartment searched.

An
officer should not be in your trunk without your consent unless you have been, or are
about to be, arrested, and should not open locked containers absent a warrant.


If a search
occurs, you need to tell your attorney as soon as possible so that he or she can try to
preserve evidence if the search was unlawful.
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NH State laws

Postby Van Canna » Mon Apr 25, 2011 2:58 pm

By Atty Penny Dean...very interesting...

http://neshooters.com/nhlaws.pdf
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Careful with your keyboard

Postby Van Canna » Thu Apr 28, 2011 3:35 am

By Mas Ayoob of Lethal Force Institute.

We've seen things like Facebook destroy police careers repeatedly due to an intemperate post (Do a Google search if you like) and I've seen Facebook things come up a couple of times in the last couple of years in cases I was involved with, both armed citizens. Internet posts are in the same vein. "Cyber-crime technology" developed for capturing Internet fraud perpetrators, child molesters, etc. has reached a high level.

It is now commonplace when police get judicial search warrants to include authorization to seize computers, hard drives, etc. My law enforcement friends who specialize in this sort of thing tell me it's no trick to track posts back to a given IP address.

Best rule of thumb is, don't say anything on an Internet forum that you wouldn't want to have come up in court.

Cordially,
mas
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