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Old December 30, 2009, 01:33 PM   #24
Skans
Senior Member
 
Join Date: November 20, 2008
Posts: 7,427
Quote:
Departing without reporting kicks in the legal principle most judges will allow to be argued, that "Flight Equals Guilt." It will create a vastly higher mountain for your defense team to climb.
Mr. Ayoob, thank you for your reply. I know that you are an expert in this area. But, what about the fact that by reporting the incident and claiming self-defense, you have wiped out your 5th Amendment right against self incrimination as well as making the prosecutor's case against the shooter by eliminating his burden of presenting evidence on several elements necessary for him to estabish his case?

Depending on the circumstances surrounding the shooting, there is certianly no guaranty that charges won't be brought against the shooter and at least a possiblity of trial and conviction for some crime. I understand that with a well trained shooter, this is not a likely outcome, but what if the shooter is not well trained? What if the bad guy didn't actually have a weapon, just pretended to have one or something else along these lines?

It seems to me that it is a valid discussion to have with regard to not reporting the incident. Assuming that the shooting turns out to be questionable, is the shooter breaking another law (depends on location, I gues) if he simply flees and doesn't report the incident?

I'm just trying to take an honest, unbiased look at this situation. I am not encouraging anyone to break any laws. Every SD shooting is going to be different. Some are going to be more questionable than others. Is it never valid to even consider not reporting - IF not reporting doesn't constitute the breaking of another law?
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