View Single Post
Old December 30, 2018, 12:49 PM   #10
44 AMP
Staff
 
Join Date: March 11, 2006
Location: Upper US
Posts: 28,832
I don't think a homemade gun would be in the same class as handloaded ammo. As I see it, the biggest problem in a court case with handloaded ammo is the issue of consistency, chain of custody and the belief of the courts.

Nothing is going to stop the prosecutor from making the most outrageous claims, remember that while the witnesses testifying are under oath, neither of the lawyers asking the questions and making the statements, are!

Handloads become a problem for the defense when the prosecutor makes a claim, and uses crime lab testimony (given under oath) to "prove" the claim. This is where the now famous "GSR" comes into play.


There was a case where the prosecution claimed the GSR proved the shot was fired from X distance, and the defense claimed differently. The lab reports of the distance were based on the GSR of factory ammo.

Factories keep samples of each lot of their ammo. They can provide it for testing if needed, and they will provide the information about it when requested. Being an "impartial third party" the court takes them at their word, automatically. IF they say the round was loaded with X.x gr of powder #1234, then the court accepts that in fact the round(s) used were loaded with that, and GSR will be consistent with that load.

When its ammo YOU loaded, there is no such independent standard. Your word, your records are not acceptable proof. They aren't 3rd party, independent, they are yours, and since you are on trial, everything yours is suspect.

A homemade firearm would be a different matter, because if you are on trial for having used one, the gun will be evidence, and available to the court for examination and testing. Any claim about it can be tested using the actual item used, not your claim of what it was.

Every case is different. What might not matter in 99% of the cases might be a huge matter in that remaining percent, but if its you (or I) in that minority case, its not a small matter.

Quote:
'its not what you know, its what you can prove'.
This is essentially true, however, I would add that, when it comes to presenting a case in court, its not "what you can prove", it is "what you can convince a jury you have proved". And that can be something different from reality, depending on the jury.
__________________
All else being equal (and it almost never is) bigger bullets tend to work better.
44 AMP is offline  
 
Page generated in 0.03617 seconds with 8 queries