![]() |
|
|||||||
| Register | FAQ | Members List | Calendar | Search | Today's Posts | Mark Forums Read |
![]() |
|
|
LinkBack | Thread Tools | Display Modes |
|
|||
|
Having read the story, I see nothing that would suggest that thedefense failed to provide an effective defense. Just because they lost is no grounds for believing otherwise--no competent lawyer will ever guarantee a result, because no lawyer can predict what a jury will do. Here the jury was persuaded by the facts and believed that the defendant overreacted--always a possibility when deadly force is used. Yeah the gun biz was BS, but the jury bought it, and I doubt the attorney saw that one coming. Had he done so, all he had to ask was to have the expert testify as to the relative sizes of 9, 40, 10mm and 45 rounds, and show that the differences are nominal, And then ask the jury, "If you were being attacked, what would you wnat to have to defend yourself? A .22 or a.45?"
I don't know how many degrees of murder there are in Arizona. Usually thre are three, pre-meditated, 2d degree (passion killings) and 3rd degree, negligent homocide. Under a three tier system, this guy at worst committed 3rd degree homocide, not 2d degree. Well, we'll just have to wait and see. It is tough to get a reversal absent an error in the jury instructions. |
|
|||
|
Quote:
Quote:
We live in a world where violence can strike without notice. This is not right but we accept it can happen. That is why we choose to go armed. We also live in a world where juries or lawyers can find us guilty even when we did everything right. This too is not right but I accept it can happen. That is why I choose to give would-be prosecutors as little rope to hang me with as possible. Here's a recent news article that shows how unjust the courts can be: The Patch family argued aluminum bats are dangerous because they cause the ball to travel faster than those hit off wooden bats. They said Brandon did not have enough time to react after the ball was hit and the line drive killed him. Although the jury did award the Patch family $850,000 saying that H&B, makers of Louisville Sluger bats, failed to place warning labels on the aluminum bats, they also said the bat was not defective. |
![]() |
| Thread Tools | |
| Display Modes | |
|
|