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New Orleans woman who shot intruder under arrest after not cooperating with police

davidmcbeth

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I would not talk to cops .. they have the burden of showing it was not self defense.
"She told us nothing" is not evidence to support it was not self defense. In criminal trials, the 5th cannot be used to come to any insinuations. (unlike civil cases)

Overall, she'll be better off or at least no worse off.

Shoot someone? Lips shut !
 

OC Freedom

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I would not talk to cops .. they have the burden of showing it was not self defense.
"She told us nothing" is not evidence to support it was not self defense. In criminal trials, the 5th cannot be used to come to any insinuations. (unlike civil cases)

Overall, she'll be better off or at least no worse off.

Shoot someone? Lips shut !
100% correct.

A criminal lawyer friend of mine told me you only say three things if you say anything at all to the police in these type of situations.

1) I was in fear of my life

2) He/She said they were going to kill me.

3) And I believed them.

The only thing after that is inform the police you will not comment further until you have legal representation.

The other thing my lawyer friend has said to me about trials is "The best liar wins" and he is dead serious.
 

Seigi

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Just to emphasize, not "I shot him because I was in fear of my life" but rather "I was in fear of my life." There's no benefit to confessing to homicide.
 

davidmcbeth

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Best just to say "---" nothing at all. They're the detectives, let them figure it out.

That's what I tell cops.... "How did this happen?" cop "you're the detective, figure it out" me
 
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MAC702

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Is self-defense an affirmative defense against homicide? I agree she should not talk. Sometimes this means some extra official processing while they sort out why you killed someone.

I've not the time to read everything right now, but I'm not giving this one an automatic WTF, yet.
 

MAC702

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100% correct.

A criminal lawyer friend of mine told me you only say three things if you say anything at all to the police in these type of situations.

1) I was in fear of my life

2) He/She said they were going to kill me.

3) And I believed them.

The only thing after that is inform the police you will not comment further until you have legal representation.

The other thing my lawyer friend has said to me about trials is "The best liar wins" and he is dead serious.
And if witnesses start to swear they said nothing of the sort? You don't want to train to be a liar, you might accidentally do it when you shouldn't.

These are my three things to say:

1. I was in fear for my life. (Obvious)
2. I want him arrested! (Even if a dead body; emphasizes who is the bad guy)
3. I need to go to the hospital. (You may need medical attention without knowing it, and it forces the cops to make it a priority over their further attempts at questioning)

Depending on circumstances, I MIGHT say:

4. Would you be answering questions right now, if you were me?

What they said to threaten you is often NOT something you should be talking about right now. You might screw it up. Tell it only to your lawyer.
 
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davidmcbeth

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Cops can and DO lie with impunity. Expect no empathy!
Even if they don't lie .. they can testify to what they thought they heard (like anyone else); so, just be error, they may testify you said something that you did not.

Never say anything and you'll never have this issue (unless they actually do lie and say you said something when, in fact, you said nothing). Don't even talk about the weather ! NOTHING !
 

KBCraig

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Is self-defense an affirmative defense against homicide?
Homicide isn't a crime.

Homicide simply means death at the hands of another human being; every legit self defense shooting that results in death is a homicide. That doesn't make it murder or manslaughter or any other crime, though.
 

davidmcbeth

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Is self-defense an affirmative defense against homicide? I agree she should not talk. Sometimes this means some extra official processing while they sort out why you killed someone.

I've not the time to read everything right now, but I'm not giving this one an automatic WTF, yet.
I don't think self defense is an affirmative defense; I think that the state has the burden to prove it was not self-defense.
 

OC for ME

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I don't think self defense is an affirmative defense; I think that the state has the burden to prove it was not self-defense.
You are right, you do not think.

Justification generally. RSMo 563.026.

1. Unless inconsistent with other provisions of this chapter defining justifiable use of physical force, or with some other provision of law, conduct which would otherwise constitute any crime other than a class A felony or murder is justifiable and not criminal when it is necessary as an emergency measure to avoid an imminent public or private injury which is about to occur by reason of a situation occasioned or developed through no fault of the actor, and which is of such gravity that, according to ordinary standards of intelligence and morality, the desirability of avoiding the injury outweighs the desirability of avoiding the injury sought to be prevented by the statute defining the crime charged.


2. The necessity and justifiability of conduct under subsection 1 may not rest upon considerations pertaining only to the morality and advisability of the statute, either in its general application or with respect to its application to a particular class of cases arising thereunder. Whenever evidence relating to the defense of justification under this section is offered, the court shall rule as a matter of law whether the claimed facts and circumstances would, if established, constitute a justification.


3. The defense of justification under this section is an affirmative defense.
Know your state's law. Now, in CT maybe it is true that all ya need to do after ya shoot someone is to clam up and let your lawyer do your talking for you, not in MO. Check LA state laws to be sure.
 

georg jetson

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Gentlemen,

This is the La. subforum. La. law is relevant and homocide is, indeed, a crime here.

PART II. OFFENSES AGAINST THE PERSON

SUBPART A. HOMICIDE

§29. Homicide

Homicide is the killing of a human being by the act, procurement, or culpable omission of another. Criminal homicide is of five grades:

(1) First degree murder.

(2) Second degree murder.

(3) Manslaughter.

(4) Negligent homicide.

(5) Vehicular homicide.

Amended by Acts 1973, No. 110, §1; Acts 1978, No. 393, §1; Acts 1983, No. 635, §1.

Here's the law concerning "justifiable" homocide.

http://www.legis.la.gov/Legis/Law.aspx?p=y&d=78338
 

OC for ME

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Gentlemen,

This is the La. subforum. La. law is relevant and homocide is, indeed, a crime here.

PART II. OFFENSES AGAINST THE PERSON

SUBPART A. HOMICIDE

§29. Homicide

Homicide is the killing of a human being by the act, procurement, or culpable omission of another. Criminal homicide is of five grades:

(1) First degree murder.

(2) Second degree murder.

(3) Manslaughter.

(4) Negligent homicide.

(5) Vehicular homicide.

Amended by Acts 1973, No. 110, §1; Acts 1978, No. 393, §1; Acts 1983, No. 635, §1.

Here's the law concerning "justifiable" homocide.

http://www.legis.la.gov/Legis/Law.aspx?p=y&d=78338
Does LA have a statute similar to the RSMo I cited that makes "justification" a affirmative defense?
 
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