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Old April 17, 2008, 04:43 AM   #41
Join Date: June 29, 1999
Posts: 85
"I'm not sure how these cases are classified, but would they really be referred to as "self-defense shootings" when the defendant is convicted? I would think that in order to answer the question it would be necessary for an expert to review all the homicide convictions to see which defendants might have had a chance of prevailing had they had the benefit of expert testimony. "

No. The vast majority of all cases where a shooter is charged with a crime involve mutual criminal activity, the shooter engaged in criminal activity, i.e., robbery/homicide, members of the same household, the shooter and victim know each other, or are gang related.

Eliminate the above, and you have a very very small pool of charged shootings to look at. Specifically, where the shooter shot someone to protect life and or property, and the shooter was charged with a crime.

Given the above, how many charged shootings nationwide do you have?

Of these shootings, how many do you think the shooters' firearms training was at issue or could even remotely be put at issue? Modifications to the shooter's firearm? Factory vs. reloaded ammunition? Actual cases.

I receive a weekly summary of all decisions from our higher courts, civil and criminal, in addition to the usual criminal defense publications, email lists, etc. I read them. I cannot recall one case in at least the past ten years in my State where the shooter's firearms training was at issue or could even remotely be put at issue-nothing even close. Maybe one or two at the most where the level of force used by the shooter was or could even be put at issue, but I cannot recall the specific facts of the cases and this was criminal not a civil suit.

Such cases do exist. NY subway shooter-Goetz. Mas has actual experience with these cases. I do not. That is why I asked. What happened? What was the outcome? How many such cases is he actually seeing out there?
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