Cellphones have a camera, often even a video. The resolution isn't the best but it should show a gun or knife on the ground by the perp.Anyone ever consider how to document use of force?
On duty I carry a recorder- I make contact with someone "click" and its all caught on tape. That eliminates most complaints- there is evidence..
So here is the situation:
You get out of work and walk to the parking garage. You stayed a bit late for whatever reason- it was unforeseen and could not be avoided. So you're by yourself- you're paying attention. You step out of the elevator on the top floor and start walking to your car.
The stairwell door swings open and 2 "thug" type males step out both wielding knives. They demand your wallet. You give it to them. They become annoyed because you have no cash and only credit cards. They demand the keys to your car, and cell phone- you comply.
One of the males says "he's going to call the cops" to his scumbag friend and starts approaching you aggressively with a knife in his hand..
You've done all you could do- you gave them your wallet, keys, cell phone, and now you assume they want your life. So you draw your weapon, and the thug continues forcing you to shoot.
The accomplice picks up his friends knife and runs away.
The person you shot lives. Both scumbags testify that they were lost looking for their car and you pulled your gun and robbed them. When one said 'no' you shot him.
Its 2 vs 1 with no physical evidence other than your bullet in some guys chest.
Hell of a situation to be in...
I've thought of some ways to document evidence but I want to hear some opinions..
Very funny video and completely reckless and guaranteed to land you in jail.Dare I go on record and say shoot both of them.........horrible to contemplate, but they both had knives and were threatening your life.
On the other hand, 2 thugs with knives on their first attack?? Come on, they have records, the police know them, and have probably busted them in the past. In court, anything can happen, but, who are the prosecutor, judge, and jury going to believe, a couple of thugs, or a middle aged, job holding taxpayer with a family to support, no criminal record or record of violence, who was carrying legally?
Now, if they ran at the first sight of the gun, they would probably have a case for assault with a deadly weapon or something........
This is my expert legal opinion from watching Boston Legal, I love (in a very manly, hetero way, of course!!) Shatner!!!
Dare I go on record and say shoot both of them.........horrible to contemplate, but they both had knives and were threatening your life.
On the other hand, 2 thugs with knives on their first attack?? Come on, they have records, the police know them, and have probably busted them in the past. In court, anything can happen, but, who are the prosecutor, judge, and jury going to believe, a couple of thugs, or a middle aged, job holding taxpayer with a family to support, no criminal record or record of violence, who was carrying legally?
Now, if they ran at the first sight of the gun, they would probably have a case for assault with a deadly weapon or something........
This is my expert legal opinion from watching Boston Legal, I love (in a very manly, hetero way, of course!!) Shattner!!!
Very funny video and completely reckless and guaranteed to land you in jail.
The cops know the BGs and if you shoot a BG w/o legal justification you're a BG too. If you don't think about the justifiable use of force [and post about it on a public forum] you will spend years behind bars.
You've done all you could do- you gave them your wallet, keys, cell phone, and now you assume they want your life. So you draw your weapon, and the thug continues forcing you to shoot.
The accomplice picks up his friends knife and runs away.
..
Well, since this is your hypothetical scenario, you can include whatever elements you want.
But...once you have 1) demonstrated tht you are armed, and 2) are willing to use lethal force (you just shot and killed BG #1) and 3) you are still holding your weapon, (presumabley now pointed at BG #2) its pretty unlikely that BG #2 is going have the presence of mind, and take the time, to pick up BG#1's knife (or collect any other evidence)
He is either going to simply turn tail and run like hell, or surrender.
JMHO
bill
Sigh...
1. They have no criminal records - because they've never been caught.Matter a fact they're honor students :-D
Don't forget mama crying on the 6 O'Clock news telling the world what "good boys" they were.
These "what ifs" are tough, aren't they, CST? We just keep throwing our own variables and interpretations in the mix (I know I'm guilty of that...).
I guess my bottom-line response is: I take care of business as I see fit, hopefully my judgement is REAL good, and then hope for the best (weapons laying around, witnesses, etc.). If any of these things are absent, I'd guess I'm in for a legal fight, but at least I'm still alive. I don't see how it's possible to document everything, especially if it's a fast action, do-or-die situation. Also, if everything else is absent (no witnesses, no weapons) all I can hope for, I guess, is that the BG on the ground has a rap sheet a mile long and/or is an escaped convict!
1. They have no criminal records - because they've never been caught.Matter a fact they're honor students :-D
Don't forget mama crying on the 6 O'Clock news telling the world what "good boys" they were.
Sh#t! See, I already forgot this...Who the hell did I just shoot, a couple Boy Scouts? I have never thought of taping any encounter, just never figured in to my training. Truth be told, I'm not gonna start carrying a video camera, so I'll just be taking my chances, I guess. Judged by 12 and carried by 6 and all that...
In a court, their record is not admissible because it would prejudice a jury. Maybe the DA or police will take it into consideration, but a jury will never hear their bad record and they will have lots of character testimony about church attendance, Scouts and choir practice.+1. I have made this point several times re being the first to call 911. Frick that, let 'em put my record (Dad, husband, several degrees, working professional) up against BGs (job? rap sheet?). So, I robbed THEM? BS of the highest order.
I know that we must be aware of all the financial, legal, emotional issues concerned with using our firearms, but we simply cannot become immobilized or afraid to act because of what is a demonstrably f-up legal system.
Give 'em my wallet, keys, car, etc.? So, they know where I and my family live? Ain't gonna happen. What they are gonna get is LEAD. And I don't care who knows by virtue of the fact that I posted this on an open site.
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