Again these attorneys handle self defense cases in Texas. Some myth busting going on here and I'm sure some members here are going to disagree with all of this:
Stupid Self Defense Mistakes that can cost you your freedom
- Thread starter Jeff White
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RickD427
Member
I watched the whole video and substantially agree with the presenters. Both are lawyers and I am not. My background is as an LEO and one who has responded to several incidents where defensive force was used.
Both of the attorneys in the video stressed the importance of your words and actions being in alignment with the threat. Those points are excellently made.
My issues with the video, and they are minor, is in what was not said. One of your foremost concerns in a defensive use of force is your obligation to manage the scene until relieved by first responders. Your use of force does not create an immediate "Time Out" until law enforcement arrives. Every situation is going to be different. You need to manage the scene. A key part of being relieved is knowing what to say, and what not to say, to the first responders. I didn't hear any meaningful commentary on that point from either presenter. My recommendation is to become familiar with "Public Safety Statement" that has flowed from New York v Quarles and to stick to it.
The presenters discussed their four issues of concern, but I've often seen a fifth area that was not discussed. The incident itself is going to produce some form of "Shock" or "Trauma" to the victim. Folks tend to make undeliberated statements during such times, and that often very counter-productive. That's another reason to understand Quarles and to be careful not to make any statements at the scene outside of Quarles.
Both of the attorneys in the video stressed the importance of your words and actions being in alignment with the threat. Those points are excellently made.
My issues with the video, and they are minor, is in what was not said. One of your foremost concerns in a defensive use of force is your obligation to manage the scene until relieved by first responders. Your use of force does not create an immediate "Time Out" until law enforcement arrives. Every situation is going to be different. You need to manage the scene. A key part of being relieved is knowing what to say, and what not to say, to the first responders. I didn't hear any meaningful commentary on that point from either presenter. My recommendation is to become familiar with "Public Safety Statement" that has flowed from New York v Quarles and to stick to it.
The presenters discussed their four issues of concern, but I've often seen a fifth area that was not discussed. The incident itself is going to produce some form of "Shock" or "Trauma" to the victim. Folks tend to make undeliberated statements during such times, and that often very counter-productive. That's another reason to understand Quarles and to be careful not to make any statements at the scene outside of Quarles.
dweis
Member
@RickD427: thank you for the citation. It is among the best legal info I have ever gotten from any forum. I read about the case. The link below is for anyone who wants to understand the outcome of the case. I recommend reading it.
https://www.law.cornell.edu/supremecourt/text/467/649
https://www.law.cornell.edu/supremecourt/text/467/649
Shawn Dodson
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I was completely unaware of New York v Quarles until your post.
Thank you for posting about it.
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