Archive for the ‘The Courts’ Category

Self-Defense Insurance

July 27th, 2013

Obeying the law is not enough. You also need money. If you draw your sidearm to stop an attacking thug you can still be prosecuted with the full fury of the U.S. justice system. At best it will cost you your life savings. At worst, you will rot in prison for lack of money to defend yourself. The solution is to plan for the worst. Today we look at three ways of arranging to have self-defense contingency funds available: NRA-sponsored self-defense insurance, USCCA Shield, and ACLDN membership.

Why You Should Not Defend a Stranger

June 3rd, 2013

You spot a large man dragging, hitting, or kicking a woman on the ground who is screaming, “Help! Rape! Anyone! Help!” When should you intervene? The simplest answer is “never”. The best answer is “when you are willing to risk 20 years in prison”.

Disputing the Anarcho-Capitalist View of Crime-Fighting

February 23rd, 2013

Over the past few decades, constitutional rights have eroded in the United States due to the rise of welfare statism and media-supported presidential dictatorship. The slow collapse of U.S. liberty into tyranny of the majority has produced an intellectual opposition called anarcho-capitalism. The “an-cap” movement believes with Thoreau: “That government is best which governs least. … That government is best which governs not at all.” But how can a state-free society deal with crime? An-cap thinkers offer two solutions. This essay disputes both.

Book Review: All God’s Children by Fox Butterfield

January 19th, 2013

This book is an entertaining but preposterous polemic that blames both 18th-century code duello and early 20th-century Jim Crow for somehow creating a late 20th-century sociopath.

Resource Predators versus Process Predators

January 5th, 2013

Monkey-dance challengers are loud and seek an audience. Apologize and back away. Predators seek secluded venues with no witnesses. Adopt an interview stance and warn them. Ninety percent will then flee. One in ten resource predators will still try to take your property and escape. Let them. No property is worth going to prison or spending your life savings to avoid prison. Process predators will try to take you somewhere private or bind your hands. Fight for your life.

Gender and Firearm Shape Influence Jurors

December 15th, 2012

When judging a home-invasion self-defense shooting, jurors expect women to be gun-incompetent and men to be gun-competent. They more often convict and give longer sentences to anyone who violates either expectation. Jurors are also influenced by seeing a weapon as “evil-looking”. They more often convict and give longer sentences to users of military-looking rifles, pump-action shotguns, or semiautomatic pistols than respectively, to users of hunting-looking rifles, double-barreled shotguns, or revolvers. Finally, female jurors are harsher than males.

Why Did You Use Illegal Cop-Killer Dum-Dum Bullets?

November 17th, 2012

Prosecutors routinely try to convict armed citizens who defend themselves. A favorite technique is to ask a trick question that is unanswerable due to its hidden assumptions. E.g.: “Have you stopped beating your wife yet?” The trick question about ammunition in this essay’s title is meant to show malice by an armed citizen during his or her trial. It has often succeeded, resulting in unjust convictions. This essay presents five jury-persuading answers to the trick question.

Video Recording Confrontations

October 20th, 2012

You are attacked in an attempted rape or robbery. You shoot the attacker. He tells police that he was minding his own business when you shot him for no reason. He is wounded. You are not. Who do the police believe? Who gets charged with a crime? In the eyes of police and prosecutors, many self-defense incidents become he-said, she-said scenarios in which the choice of whom to prosecute is essentially a coin-flip. A video of the event can resolve it in your favor.

Ability + Opportunity + Intent

October 13th, 2012

In order to be found not-guilty of assault or murder you must persuade judge and jury that: (1) The person you shot had the power to kill you (ability). (2) The person was close enough to kill you (opportunity). And (3) The person wanted to kill you (intent). In a prior essay , we described fifteen negative factors that might convict you despite evidence of self-defense. Today we look at the reverse, the three elements of a successful self-defense argument.

The Tueller Principle

October 6th, 2012

A knife-armed attacker 21 feet away can kill you before you can draw and shoot. Whether the attacker is young, old, fat, thin, fit, sedentary, male, female, makes little difference. From a standing start, an attacker can cover 21 feet in 1.5 to 2.0 seconds. That is how long it takes you to draw and shoot. Watch the video below. Remember it. Post a comment that you watched it. You may someday need to prove in court that you knew this fact, and that is why you fired.

Why Do Blacks Advocate Gun Control?

August 25th, 2012

A quirky aspect of U.S. “racial” classification for the past century has been its increasing alignment with left versus right political ideologies. The strangest twist is today’s Black political opposition to armed citizens. In reality, throughout history U.S. gun laws have aimed at ensuring that Blacks are defenseless while Whites are armed.

Videotaping Police — The Issue of Qualified Immunity

July 28th, 2012

“So the police can arrest me, handcuff me, drag me to jail, lock me up, and give me a permanent criminal arrest record for doing something so completely legal that no prosecutor would ever file charges, and I would still have no legal recourse?” Yes, that is correct. This essay explains how justice became so strange.

Florida CCW Laws

July 21st, 2012

This essay is for anyone who intends legally to carry a firearm in Florida. Whether you have a Florida Concealed Weapons or Firearms License, or are merely visiting from a state enjoying reciprocity with Florida, the same laws apply. Two Chapters of Florida’s criminal code are important: 776 (Justifiable Use of Force) and 790 (Weapons and Firearms).

When Courts Defy the Law

July 7th, 2012

Courts sometimes reach decisions that defy the law. Statutes and caselaw say one thing but courts rule differently. This is because, despite lifelong efforts by good people, every justice system is corruptible and they have been corruptible in all societies throughout history. In the United States, the justice system is often corrupted by mass hysteria. Since colonial times, the newsmedia have periodically whipped the public into blind frenzy. Judicial lynching is a realistic danger to every armed citizen who was forced to defend his home against thugs.

Shoot a Robber, Not a Thief

June 30th, 2012

This essay addresses state-by-state differences. in self-defense laws. Every state sees crimes against persons differently than crimes against property. In most states, you can shoot someone committing a felony crime against your person. In no state may you shoot someone committing a crime against property.

The Castle Doctrine

June 23rd, 2012

Florida law lets you shoot someone to prevent your own imminent death or great bodily harm. The “castle doctrine” says that you are legally presumed to be in danger of imminent death or great bodily harm from anyone who breaks into an occupied house of vehicle, or who tries to drag you out of your house or vehicle. “Legally presumed” means that the danger of imminent death or great bodilly harm will be a given in court, and no evidence or testimony to the contrary will be allowed.

When Does Provocation Bar Self-Defense?

June 16th, 2012

Much of the debate in the Zimmerman/Martin case springs from ignorance of the law. Assume for a moment that Zimmerman deliberately “provoked” Martin, by profiling or “stalking” the teenager, or by confronting and insulting him. Some think that such provocation legally justifies physical attack (often called an “ass-whoopin”). Some also think that the law bars the recipient of such a “provoked ass-whoopin” from using deadly force to defend himself.

Evidence will eventually decide whether Zimmerman “provoked” Martin. But the other two beliefs (that an “ass-whoopin” in response to provocation is legal, and that the whoopee may not use deadly force in self-defense) are badly in error. Anyone who acts on such beliefs by physically assaulting someone who provoked them risks being killed (if in a state with strong self-defense laws) or sent to prison for many years.

Stand Your Ground versus Duty to Retreat

June 9th, 2012

Different states see self-defense differently. The most important state-by-state legal difference in self-defense is between “stand-your-ground” states and “duty-to-retreat” states. Imagine that you are attacked outside your home, in the street, say, or in a place of business. Assume also that you did not provoke the attack.