View Single Post
Old July 19, 2005, 08:47 PM   #39
FrankDrebin
Junior member
 
Join Date: May 21, 2004
Posts: 1,101
Quote:
(In a perfect world anyway. Keep in mind if they can get you to volunteer information without reading you the miranda, it is admissable.)
If the police "get you" to volunteer any information while in custody without a Miranda waiver, it is most certainly NOT admissible.

Quote:
It is then that they will '"charge" that you have violated some crime. In this case most likely homiside. or manslaughter.
There is no such criminal charge of "homicide".

Quote:
The law says (loosely translated) that once an individual dies, there must be an answer for it. It is then sent to the DA who will review the case and decide what to do with the charges.
Which law would that be? And what happens if there are 5 witnesses who saw the shooting and tell the responding officers that it was self-defense? They have no probable cause to believe the shooter committed a crime, and no probable cause to arrest him. At most, they have reasonable suspicion to detain to get his name and his story if he wants to give it. You don't automatically get arrested when you shoot someone in self-defense. The standard of probable cause still applies.

Quote:
What you elude to is the beginning of the trial phase, and in particular is the arraignment, as you stated.
What I alluded to is that you are not charged until a warrant is presented to the court and you are brought before a judge and arraigned. You may be in custody, but you're not charged until the judge reads the charges to you. That's why most police departments won't release the names of arrestees to the news media before the arraignment......because they haven't been CHARGED with anything yet. This rarely happens in a legitmate self defense shooting. In other words, in the vast majority of self-defense homicides, there are never any charges brought against the homicider. You are NOT likely to be charged with anything as the result of a legitimate self-defense shooting. Nor are you likely (read, 51% of the time) to be sued.
FrankDrebin is offline  
 
Page generated in 0.03543 seconds with 8 queries