(09-14-2024, 09:19 AM)CCoburn Wrote: I've actually been well aware for quite some time now the threat of consequence using deadly force in defense of oneself and would likely be one of my first thoughts at the outset of any such situation.
And because of the above my ideology would be to avoid deadly confrontations at all costs if possible. I'm the type that will be looking for mitigating resolutions when/if something begins brewing in whatever form it may take. I have no desire at all to "take the Nestea plunge" into the never-ending shitstorm of beaurocracy and red tape with uncertain outcomes i.e. the judicial system.
The guidelines vary by state. In my state I'm vaguely familiar with the castle doctrine which I presume is why some people jokingly say that if you shoot someone on your property make sure you drag them into your house("castle") before calling the cops.
I've also heard that when threatened with aggravated/elevated violence within your own dwelling(e.g. stranger danger) that you should "retreat" and call 911, and this particular type of scenario just leaves a bad taste in my mouth.
"the never-ending shitstorm of beaurocracy and red tape with uncertain outcomes"
So, so true.
Yeah, castle doctrine varies by state. I was given your specific recommendations by the 5-0 where I used to live. ie: drop them inside the door
Duty to retreat depends on state. I lived in Maryland for a number of years and its a duty to retreat state which means if they attack you in your house you must make every attempt to leave before shooting them. Bullshit, and I don't live there anymore. That said, MD is a total police state so you're probably pretty safe otherwise.
(09-14-2024, 10:10 AM)FlyingClayDisk Wrote: Two things (well, maybe three)
1. The "Castle doctrine" is indeed a result of a man's home being his 'Castle', but it is also an outfall from Colorado's 1986 "Make My Day" law (before Colorado turned into a leftist kommie stronghold). The term "Make my Day" was from the Clint Eastwood, Dirty Harry, movies and it had a bad connotation, so 'Castle doctrine' was adopted in lieu of it.
2. Never, and I mean NEVER, touch someone after they've been shot! EVER! (Well, unless you enjoy prison food and the game of cornhole). Whomever started circulating this crazy notion of moving a body after a shooting is insane! Don't do it! This is a lie one thousand times over! Just keep your mouth shut, and let your attorney sort it out. You have a right to remain silent. Use it! Cooperate, give your name and ID, that's it...and shut your pie hole.
3. Don't rely on things you've heard. Instead, read and understand YOUR specific State and Local statutes. Know your laws, for fact. I'm not going to suggest your proper course of actions because every situation is different, every location is different, but you DO have rights. Know what they are, and don't guess. I can say this, for my particular situation, the only thing a 9-1-1 operator will hear will be..."There has been a shooting at (xyz) address. Send LEO's and EMS."...and not one word more (and the phone will be left off-hook for E-911 address lookup purposes by dispatchers). No repeats (it's all on tape anyway), no names, no descriptions...nothing. When LEO's arrive I will cooperate with their instructions (completely), and not say a word, other than..."I am not comfortable answering any questions any questions until my attorney is present". Not a word more. No matter how long it takes. BTW - you can speed things up by requesting an attorney as soon as possible after being Mirandized. Don't fall for the trap of..."you're not being arrested, only being taken for questioning" (thus, no Miranda warning). Doesn't matter, you still don't want to answer any questions without your legal representation (attorney) present.
edit - I honestly hope and pray I never have to follow these instructions, but I know for fact these are the correct actions for my particular situation and location.
edit 2 - The "trap" I refer to above is an attempt to get you to make a statement which creates probable cause to justify your arrest. Probable cause IS admissible evidence (in a trial). The point being, statements made AFTER being read your Miranda rights, is ALSO admissible, BUT statements made between being arrested and being read your Miranda rights is NOT admissible. Thus, if you say something you don't mean when you are just being 'questioned', and this leads to your arrest (i.e. creates probable cause) then it can be used against you later in a trial. It doesn't carry the same weight as a signed confession after the fact, but it's close. Conversely, if you request an attorney before you say anything, especially after being mirandized (following arrest) then all questioning must stop (by law).
Question:
What is all this BS about being "mirandized". I've been arrested many times, and not once has an officer "mirandized" me. I mean literally zero times in maybe 25 arrests.
Say what you will about being arrested. I stand up for my rights every time. I also have a "clean record".
I've been "arrested" about 25 times in my life and only 1 charge led to a conviction and only because I didn't fight it because I own 100% of everything I own (no mortgages, no loans no nothing) and I don't give two flying fucks what people think of me. I make my own money and I don't need to prove anything to anyone else.
(09-14-2024, 10:10 AM)FlyingClayDisk Wrote: edit 2 - The "trap" I refer to above is an attempt to get you to make a statement which creates probable cause to justify your arrest. Probable cause IS admissible evidence (in a trial). The point being, statements made AFTER being read your Miranda rights, is ALSO admissible, BUT statements made between being arrested and being read your Miranda rights is NOT admissible. Thus, if you say something you don't mean when you are just being 'questioned', and this leads to your arrest (i.e. creates probable cause) then it can be used against you later in a trial. It doesn't carry the same weight as a signed confession after the fact, but it's close. Conversely, if you request an attorney before you say anything, especially after being mirandized (following arrest) then all questioning must stop (by law).
I've NEVER had this happen. The police will happily continue questioning, even after requesting a lawyer, and the DA will absolutely submit it as "evidence".
See, there is a difference here between what is legally supposed to be happening and what actually happens.
This country has been so far off the rails for so many years its like pulling the arm on a slot machine whether or not you get actual "justice".
