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Posting at gun forums ammo for prosecutors in civil trials?

Discussion in 'Carry Issues' started by iluv2viddyfilms, Jun 20, 2011.


  1. iluv2viddyfilms

    iluv2viddyfilms
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    IF a self defense CCW shooting/killing goes on, could the prosecutors of the family of the dead perp possibly look on places like glocktalk to show how we brag about what we carry and how we're going to "Cap the bad guy" as evidence that we may be overly prepped or overly willing to defend ourselves. I wouldn't go so far as to say they would paint us as CHarly Bronson in Death Wish, but still.
     

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  2. IndyGunFreak

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    I would say almost absolutely.
     

  3. Rick O'Shay

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    What is "overly prepped"? Carrying TWO 45's? :)
     
  4. IndyGunFreak

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  5. collim1

    collim1
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    Shower Time!

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    In my state if you shoot someone and the shoot is ruled justified (no criminal charges) the law states that no civil trial con be brought against you.

    However, there is a reason I have never revealed my location, place of employment, or first or last name on this forum.
     
  6. firedog978

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    If you're talking about a 'Castle Doctrine' law enacted in your state, and the shoot occured in your place of residence, automobile, motel room or any other place you legaly inhabit, you're likely correct. However, even in most states with a 'Castle Doctrine' law you can be charged in a civil trial if the shoot occured elsewhere (public place).
     
  7. dosei

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    Let's see...have the rantings/writings/ramblings of a person ever been used in a court of law to put them in a bad light...

    Duh...Yes, of course.
     
  8. RussP

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    Then there is kwikrnu, aka Leonard Embody, infamous for Radnor Lake, Belle Meade, Costco, etc., who's LTCF was permanently suspended by Tennessee. When he appealed the temporary suspension, the State submitted a 3"- 4" stack of printouts of his internet postings during discovery. Leonard withdrew his appeal and by State law, the suspension went into permanent status.

    While not a civil case per se, it does illustrate that one's internet posting history can come into play.
     
    #8 RussP, Jun 20, 2011
    Last edited: Jun 20, 2011
  9. dosei

    dosei
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    And even more recently (although not gun related, but certainly "Internet stuff being used against you" related) we have the Anthony Weiner fiasco. While not used in a courtroom, it still provided enough leverage to shut him down.
     
  10. collim1

    collim1
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    Its more of a "Self Defense Act" that includes a castle doctrine, but also establishes a no need to attempt retreat before using force and includes the civil suit statute as well.

    Pretty good law, but there has been no challenge to it yet that I am aware of.
     
  11. cowboywannabe

    cowboywannabe
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    you savvy?

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    gotta love our state bro....

    oh, and my name is John Q. Citizen
    address is 123 elm street, your town usa.
     
    #11 cowboywannabe, Jun 20, 2011
    Last edited: Jun 20, 2011
  12. Sam Spade

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    You're looking at information flow in the wrong direction. No one's going to sue cowboy and try to find his stuff in real life. They're going to have the real you in a sworn deposition and ask what social media you're involved in and what screen names you use.

    And while states can protect you against suits for acts of self-defense, they can't protect you for acts of negligence. How do we know/who decides if a shooting was negligent? Often, the jury decides during the trial.
     
  13. poodleshooter1

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  14. IndyGunFreak

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    Uh, no. Most Castle Doctrines have clauses for civil immunity (at least all of the ones I've read). Our's does.

    IGF
     
  15. ImpeachObama

    ImpeachObama
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    If the offender was a little more clean cut, perhaps his harassment with open carry wouldn't have been as bad. He looks criminal like, don't you agree?
     
  16. Sam Spade

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    You have civil immunity for what, exactly?
     
  17. IndyGunFreak

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    You cannot be sued for civil damages after either being found not guilty, or the case being ruled justified by the authorities.

    IGF
     
  18. Sam Spade

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    I'm gonna need a cite to be able to illustrate my point.


    ETA: Actually, I'm not. My point isn't directed at any one state, but rather at the general principle. First, just because the prosecutor doesn't prove a case beyond a reasonable doubt doesn't mean that the plantiff can't prove it by the lower standard of preponderance. OJ is the classic example of this.

    Second, most Castle Doctrine/Stand Your Ground laws revolve around "reasonable" belief. If the plantiff can prove that you weren't reasonable, you don't get the shield. To run with IN, "However, a person:
    (1) is justified in using deadly force; only and
    (2) does not have a duty to retreat;
    if the person reasonably believes that that force is necessary to prevent serious bodily injury to the person or a third person or the commission of a forcible felony. No person in this state shall be placed in legal jeopardy of any kind whatsoever for protecting the person or a third person by reasonable means necessary."

    Who decides this reasonableness? Generally, it's a question of fact tossed to the jury. The law suit claims it can prove that your use of force wasn't reasonable, that your shooting wasn't necessary...*you* don't get unilateral veto over their allegation and you definately don't get to self-define reasonable. You weren't prosecuted? Go back to that beyond reasonable doubt vs. perponderance teeter-totter.

    For the thread, will your "drag him in the house and stick a knife in his hand" posts come back to haunt you if those allegations are made in a suit. Absolutely they can.
     
    #18 Sam Spade, Jun 20, 2011
    Last edited: Jun 20, 2011
  19. Bren

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    Sure, if the case was questionable enough to get that far along. That's the same type of case (where justification is questionable and you actually end up in court) where things like lighter triggers could come into play. However, most self-defense shootings are clear enough that that isn't an issue.
     
  20. Bren

    Bren
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    In Kentucky, the law would be KRS 503.085. It was part of the "castle doctrine" set of statutes/bills a few years ago, so I'd say several states have it.

     
    #20 Bren, Jun 20, 2011
    Last edited: Jun 20, 2011
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