Do People REALLY Go to Jail for Justified Self-Defense?

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It’s not surprising that people get arrested in these instances. The burden of proof for an arrest is way lower than the burden of proof for a conviction

anonymouslee
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I would love for a prosecutor to say the word “normally.”
It would be a definitive in anyone’s book, and would make all the difference in a trial!

dangeary
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Better to be judged by twelve than carried by six.

rbm
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It happening to me I was the of my daughter she fights a co worker and her mother jumped my daughter I jump in and I the only with criminal charges

Deboe
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Arrested is one thing. Convicted and sent to prison is another. In Ayoob's book, he warns that you WILL be arrested if you use your weapon no matter how justified. Well, not true depending on where you live and the circumstances. Regardless, at some point, the prosecutor has to ask himself if he can find a jury that would convict you of what you did? Shooting someone remains the LAST THING you ever want to do. Had an acquiantance that would almost drool at the thought of blowing a burglar away in his home. I reminded him that he was NOT going to get a ticker tape parade, he would have a mess that would forever be burned into his family's brains, and that many of his neighbors would shun him afterwards.

jimdavenport
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It is better to be a criminal than to go by the book,

rubenjimenez
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Dam! Good guy's protecting your life! Blind justice prevail for the bad guy?

patrickostrom
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Largely depends on what part of the country you are in . Does your State have Castle Doctrine or a duty to retreat ? Are you in San Francisco, Calif or Conroe, TX where even if the circumstances were identical your use of force may be justified in one location but not in another . Know your own State laws concerning use of force .

joejohnson
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If a police officer is involved in a shooting, standard procedure is he goes to the hospital before making any statements for the incident. So and please God don’t let me have to be in this position again. But my advice is, just what you absolutely have to. Tell the officers you don’t want to make any statements without your attorney ( your call to law shield should be made before you talk to anyone, , , as uncivil law, great Chanel BTW, like to say often, , STFU, , , , I’ll leave the interpretation up to you) and I’m requesting to be taken to the hospital, , I’m in my 60s so, the shock of something like that is going to cause health concerns and whether or not you know it, you are traumatized and could be in a state of mental shock and not really know it.

Justme-tx
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If they started charging people with a crime for shooting someone no matter what the reason is would reduce gun crimes because the guy committing the first crime will know he's going to prison and the other guy who is supposed to be the good guy will also go to prison so both will have to ask themselves if it's worth going to prison over before shooting.

danieljonhson
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Yes, and for VERY good reason. The vast majority of shootings are NOT self-defense. Most are actual crimes so you’re arrested on the scene by the patrol officer and spend the few days in jail until reviewed by detectives and the DA. There are actual sometimes very good reasons to take people to jail. SD is an abatement defense and not a get out of being arrested defense. You’ve SHOT SOMEONE and most of the time that’s a criminal act. It is not fully investigated on the scene at 0200 hours at the gas station where you defended yourself from the local crackhead.

DaveL