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The most common myth or advice you hear in discussions about self-defense shooting aftereffects is that “a good shot is a good shot.” I always want to respond, “Yeah and next Christmas Eve, a little fat man dressed in red will come down your chimney, and give you some gifts, too.”
Self-Defense Advice: What You Should Know
In reality, society will not consider a shooting a success until the justice system declares it so. The Court of Public Opinion also votes on the press.
Kyle Rittenhouse, who shot three attackers in the Kenosha Riots, was found not guilty. George Zimmerman was also found not guilty in the Florida shooting death of Trayvon. Both men have been made pariahs today by the media and other “influencers.”
From the Lawyers…
A common canard that you hear from attorneys is “I don’t care if my clients gets arrested and spends time in jail.” My job is to make sure he’s not convicted and gets a long jail term!
Guess what? The client cares! The lawyer who gave this advice isn’t going to be interviewed later for his dream job and face dialogue like this:
“You seem to have a great deal of potential.” You must honestly answer “Yes, but …”
You can see the interviewer’s face widening before you finish.
He asks, “What was your arrest for?”
“Well, murder, but…”
The next thing you hear is “Uh, we will get back to you.” “Thank you for coming.”
Kevin Jamison is a lawyer with a realistic perspective, born out of experience. Kevin Jamison is an expert in self-defense cases and has handled many. He writes the legal columns for Concealed Carry, the magazine of the United States Concealed Carry Association.
On page 40 of the February-March issue 2024, he writes: “An arrest often results in a loss of employment. Licenses for professionals may be suspended. Some friends will leave. Authorities may seize assets under the pretext that they are connected to the crime.”
It only takes one
Many lawyers have told clients that they don’t need to convince 12 jurors to vote in order to acquit them. We only have to convince one.”
It’s true, if a unanimous verdict is required, a vote for Not Guilty versus a vote for Guilty could indeed result in a “hung jury” and a mistrial. You don’t have to walk away. The charge of Murder or Manslaughter or Aggravated Assault is still hanging over your head.
The other side can give up and dismiss the prosecution. Do you think that they will do this when, if the verdict had been decided by points, they would have won with a score of eleven to one? Hell, no. You’ll almost certainly be brought to trial again!
The 11:1 result gives them the leverage to argue with the judge that you shouldn’t be released on bond while you await your next trial. It has specifically incentivized your fleeing and failure to appear at the second trial.
This means you’ll be spending a lot more time in prison. You’ll have to do it all again. The other side may have seen your best strategy and be better prepared to make it look like you’re guilty the next time.
The next trial can take several months. You’ll then have to pay another six figures in legal fees and costs.
Does this sound like a win to anyone with a 3-digit IQ level?
To Cross or not to Cross?
Some defense attorneys tell clients, “Don’t be afraid of being cross-examined.” I never let my clients testify. “They don’t have” to!
You don’t need to testify in court if you have been charged, unless you want to tell the jury your side of the story.
Most of the clients of defense lawyers are guilty of the charges or at least some lesser offense. It is not in their best interest to put them on the witness stand, where they are forced to lie and face an additional charge of Perjury. It also opens the door to their defense lawyer being accused of the crime subornation perjury, if he knew in advance that the lie would be spoken.
Their reflexive reaction is to not call them to the stand. You are a completely different case: you are the innocent defendant who has been falsely accused.
This is no longer a “who did it” question. A self-defense defense is an affirmative one, which means that you can say, “Yes, he was shot.” But I was right in doing so.”
Who else but the person who fired the shot can answer this question?
Sometimes the defendant cannot take the witness stand because of medical or emotional issues. If I were the defendant in a case of self-defense and the attorney said he wouldn’t bring me to the stand, I’d fire him right away.
He has just told me that he doesn’t know how to handle a positive defense. This means he won’t be able carry it through to a just verdict.
The Internet Ninjas
Many voices on the Internet are like ninjas, in that they are unidentifiable. They also tend to cause harm. How many times have heard this: “Hey if I get convicted I’ll appeal it!”
Appeals are expensive and take a long time. It’s almost unheard of that a convicted person gets bail to remain free during the appeal. Only a small percentage of appeals lead to the conviction being overturned. Defendants spend this time in prison almost always for the crime they were convicted of.
In one of my cases a woman, in self-defense, stabbed her much larger husband that was trying to kill her. She was made the defendant, not the intended victim. The trial judge did not allow expert testimony in her favor and he had messed up a part of his jury instructions. She finally got a second trial for both of these reasons.
I testified for her and was delighted to see that the second jury cleared her of all charges. She had spent some forty-some month behind bars. She has changed her name since then and is now trying to rebuild her own life.
Appeals can be longer. A lawyer for a woman who shot in self-defense did not use the available expert testimony. They also made, in my opinion, many other mistakes as her lawyer. Her shooting occurred in 2016, and both her trial and conviction took place that same year. In May 2013, an appellate court heard her case.
I’m writing at the beginning of second quarter 2024, and we are still waiting for the appellate court to make a decision.
Do these sound like desirable outcomes to you? Next time you hear “If I am convicted, I will just appeal” remember those cases.
Resting My Case
There’s a lot of BS being spread by people who have never been involved in shootings. This includes the estimated 1.3 million lawyers in the United States.
I would encourage you to do the same as I do. Learn from the few master defense attorneys that have successfully defended multiple armed individuals who fired in self-defense lawfully and were then wrongly accused.
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Keep ReadingThe article Self-Defense and the Law – Bad Advice – Debunking Self-Defense Case Myths first appeared on Athlon Outdoors.
