Self Defense Article By Attorney

[devildog66]

I had posted this at a similar site but I believe it is worth posting here as well.

Regards,
DD

Self-defense Article By Lisa Steele
I am attaching a link to a page of the Nat'l Criminal Defense Lawyer home page. The information on this page was written by Lisa Steele, who has been cited by Massad Ayoob, amongst others, for her appellate work in self-defense cases. I first read of her after the Fish Case that happened in AZ. It is certainly not action-adventure exciting but it gives one a good idea of what has to be done in order to win a self-defense case.



DD

http://www.nacdl.org/public.nsf/01c1...c?OpenDocument

 

[Hypnogator]

Link no work.

 

[allank]

I think this is the article:
http://www.nacdl.org/public.nsf/01c...f587d7d10c34fff2852572b90069bc3c?OpenDocument

 

[lgsracer]

Try this one:

http://www.nacdl.org/public.nsf/698...2b90069bc3c?OpenDocument&Highlight=0,firearms


Also a good article on GSR:

http://www.nacdl.org/public.nsf/698...031005995f4?OpenDocument&Highlight=0,firearms

 

[Mainiac]

WOW, awesome read. Brought up some points that all CCW'ers should think about carefully. Contemplate them now at your leisure, you may not have time later.

 

[Jim K]

Amen. It is a good idea to remember that in law there is no "right of self defense." Self-defense is not a "right", it is an affirmative defense to a charge of murder or assault. Some folks who have posted here seem to believe that they can shoot just about anyone they don't like, claim self-defense and walk away whistling. They are fools, and it is very possible that they will have many years in prison to contemplate that foolishness.

Jim

 

[ilbob]

Amen. It is a good idea to remember that in law there is no "right of self defense." Self-defense is not a "right", it is an affirmative defense to a charge of murder or assault. Some folks who have posted here seem to believe that they can shoot just about anyone they don't like, claim self-defense and walk away whistling. They are fools, and it is very possible that they will have many years in prison to contemplate that foolishness.

One of the very good things about Heller that has yet to be explored is that it all but stated that there is a right to self defense, calling it "traditionally lawful".

 

[vis-à-vis]

subscribing for later

 

[RDak]

I don't know about your first point Jim. The second point you raise is clearly correct IMHO.

In Michigan the Constitution says a person has the right to possess a firearm "for defense of himself and the State".

We also have a castle doctrine statute.

It appears to me that we, in Michigan, have the right to self-defense and I believe Heller opines the same way.

I think what you have to prove is, factually, it was reasonable for you to conclude you were in fear of your life or in fear of severe bodily harm (or that of a third person).

Once proven, you have the right of self-defense. So, in essence, we all have the right to self-defense IMHO.

 

[M1911]

Lisa Steele is an appellate attorney in CT and MA who has worked on self defense cases and appears to be well thought of in legal circles.

 

[Bartholomew Roberts]

Great piece and worth a read even if you have had formal training and are familiar with the legal issues.

If you haven't had either of those, then I would say it is a must-read.

 

[damien]

‘Killer’ Bullets and Hair-Triggers

The attorney should research the weapon and ammunition the client used. Ask the client why he purchased and carried that specific weapon. Research its self-defense uses.

The client will be in the strongest position if he or she used a firearm and ammunition similar to that issued to local police departments. Many police departments issue semi-automatic pistols chambered for 9mm or larger caliber with jacketed hollow-point (JHP) ammunition. If the client has used hollow-point ammunition, the attorney should understand and be able to quickly explain to a judge or jury why JHP ammunition is widely recommended for self-defense use.29 The attorney should have a gunsmith or other expert check the amount of pressure required to pull the trigger on a recovered firearm for the first shot and any subsequent shots, and check its safety devices to make sure they were functioning.

I seem to remember that in the Harold Fish case the defense attorney made a point of pointing out that Fish had a 10mm pistol (not too common) and hollowpoint ammo. The attorney who wrote this piece seems to be agree that carrying something that is "unusual" (a 10mm chambering) is not a good idea, but JHP ammo is very easy to rebut. I wonder how his attorney handled that aspect of the case.

Conclusion

Law enforcement officers cannot protect citizens at all times. The right of citizens to protect themselves is critically important to our society. It is a right, enshrined in many state constitutions, that needs to be zealously protected by the vigorous efforts of criminal defense attorneys. If the right becomes uncertain, murky, or counter-intuitive, citizens will be reluctant to take action to protect themselves and others for fear of criminal prosecution. That fear, and the consequent passivity, will “lead to the alienation of people from one another, an alienation symbolized for our time by the notorious Genovese incident. To the fear of ‘involvement’ and of injury to oneself if one answered a call for help would be added the fear of possible criminal prosecution.

This seems to sum up the state of affairs in DC, NYC, Illinois, Hawaii, New York, Wisconsin, Maryland, and New Jersey quite nicely.

 

[Mainiac]

I was drawing a blank on the Genovese case, ol age I guess. Did a search on Kitty Genovese. It was a truly heartwrenching case, brought tears to my eyes and a lump in my throat thinking about that woman.

 

[ilbob]

I was drawing a blank on the Genovese case, ol age I guess. Did a search on Kitty Genovese. It was a truly heartwrenching case, brought tears to my eyes and a lump in my throat thinking about that woman.

an interesting take on this incident.

http://www.thepsychfiles.com/2007/11/25/episode-36-the-myth-of-the-kitty-genovese-story/