help a retard.....

[ccw08]

no " agenda " here it is just common courtesy to not treat someone's disability like a joke just like it is not polite to joke about race, gender, sexuality, religion etc etc etc. I have been guilty of saying things in my life that I am not proud of but I moved past that and I think there are ways to ask questions without saying things like that.

[mrray13]

from a LEO's point of view, clamming up doesn't help us do our job either, only makes it harder. this post;

Originally Posted by OldMarksman

Quote:
I wonder what he would say regarding self defense shootings. His point is that your never talk to the police.

There is a distinct difference between the defense's position in a self defense shooting and in most other kinds of cases; here's an excellent post by Fiddletown on the subject:


Quote:
Just consider that the video is discussing the right to remain silent in general terms in connection with a generic police encounter.

Ordinarily when one is charged with a crime, the prosecutor must prove the elements of the crime beyond a reasonable doubt. If, for example, the crime is some form of aggravated assault with a gun (the accused shot someone), the prosecutor must prove (1) it was you who shot him; and (2) you intended to shoot him. The usual defenses are (1) I wasn't there and you can't prove that I was (alibi); (2) it wasn't me and you can't prove that it was (some other dude done it); and (3) it was an accident. So you keep quiet to avoid giving anything away that could help the prosecution prove its case.

If you have used force in self defense, you will wind up effectively admitting that (1) you shot the guy; and (2) you intended to shoot him. Your defense is that you were legally justified. You will need to present evidence demonstrating prima facie that you met the legal standard for justified use of lethal force. Certainly, if you can't say the right things, it's better to say nothing. But if you can say the right things, that's better yet. See post 10.

[emphasis added]

http://www.thefiringline.com/forums/...2&postcount=26

Here's Post #10 referred to above:

Excerpt:


Quote:
...while it is better to say nothing than say the wrong thing, clamming up is what bad guys do. You want to immediately identify yourself as the good guy and the victim.

Personally, I'll go along with what Massad Ayoob recommends and has taught me in his LFI-I class and be prepared to say the following:

1. That person attacked me.
2. I will sign a complaint.
3. There is evidence (pointing to evidence).
4. There are witnesses (pointing to witnesses).
5. I won't say anything more now. You'll have my full cooperation in 24 hours after I've talked with my lawyer.

That identifies me as the victim, helps assure that evidence and witnesses aren't overlooked and invokes my right to thereafter remain silent.

http://www.thefiringline.com/forums/...7&postcount=10

That's the advice of the experts on this.

A perhaps minor aspect of it is that it could reduce the likelihood of your being treated like a perp from the outset and spending a night in jail.

Much more important to you are the fact that if (1) the key evidence should disappear (say, the guy's knife went under a car, was not noticed, and someone made off with it, or his empty casing ended up in the tread of someone's boot), or if (2) a potentially supportive witness cannot be found or chooses to say that he saw and heard nothing (which is harder to do if he is buttonholed at the scene), your affirmative defense could be severely weakened. The result could be your being wrongly convicted of manslaughter.

The video is excellent, but it is extremely important to understand the nuances of Fiddletown's explanation above and to follow the advice of experts.

By the way, if you do get involved in a self-defense shooting, it is also important to make sure that your attorney is experienced in that area of the law.

sums it up the best. use the 5 steps in "post 10", you won't look like a bad person, and we'll at least have an idea what has transpired.

Originally Posted by teeroux

Don't sign jack without your lawyer its the same story just on paper. If there is a mistake in the wording of the complaint and you sign it, it will be used against you.

really? when you sign a complaint as the complainant, you are prerssing charges. the wording wrong? our complaints have no room for a narrative, only statute, date,time, respondant and complainant. may not be the same in all states, but i don't get how it can be flipped.

[hayes1966]

Great video .. thanks for posting.

[Coop de Ville]

I appologize if I offended anyone, that was not my intention. I have been told that I have a very thick skin and nothing gets to me... comes with the job I guess.

Again, no harm meant.

-Coop

Unable to edit the original

[dav]

Originally Posted by KLRANGL

Thanks OM, that's exactly what I was looking for....

My aplogies, KLRANGL, you are right, I did not understand your point. What you wanted was someone to agree with you, not offer the better advice. I did not pick up on that subtle nuance at first.
.

[KLRANGL]

Agree with me? I wasn't even making a point. He gave me information based on the question I actually asked.
Don't get your panties in a bunch...

[OldMarksman]

It seems that there are an amazing number of people who do not seem to understand (1) the critical difference between an affirmative defense and a traditional criminal defense and (2) the equally critical difference between making a statement to the police without the benefit of counsel and saying what is necessary when it is necessary to prevent your defense from possibly becoming impossible.

Your attorney cannot recreate evidence that has disappeared, and without it he may not be able to defend you effectively.

Well, here's one more explanation, provided by Marty Hayes in response to another thread on this forum. That thread was on the same subject. This comes up all the time.

http://www.thefiringline.com/forums/...9&postcount=89