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Registered User Joined: Jun 2004 From: Canadian Badlands Posts: 9,391 | Lawyer Proof Ammunition
In a self defence situation where the law enforcement community in North America is still intact, how "Lawyer proof" is the use of reloaded ammunition. Would the use of reloaded ammo be detrimental at any trial?
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Registered User Joined: May 2004 From: Central Arkansas Posts: 5,586 |
Been debated here in the states for as long as I can remember; to the 1970's at least. Shouldn't be any technical legal issue in a criminal prosecution or civil suit either one, but some folks worry about jury perception. IE, does it indicate to the jury that a person was so bloodthirsty that modern ammunition wasn't deadly enough and they wanted to come up with something more lethal. Stupid, but we're talking about rooms full of lawyers & sheep here. Personally I carry factory ammo for personal defense ammo, but since most of my handgun reloads are cast lead bullets, if I were to have to use them defensively I'd try to play the "old-fashioned ammunition" card. Basically, that they're the same old-fashioned stuff that cops carried back in the 1950's. |
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Registered User Joined: Feb 2016 From: Indiana Posts: 102 | Defensive Ammunition Choice..
Jurors in civil litigation could award additional damages if it can be demonstrated that the ammunition used had been designed to cause extraordinary wounds.. Jurors could also infer from the shooter's choice of ammunition, that the shooter may have had an unreasonable tendency to use lethal force without first considering non-lethal alternatives..
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Registered User Joined: May 2004 From: Central Arkansas Posts: 5,586 | Quote:
It's basically saying "yes, it was okay for you to shoot the guy, but you should have used a lesser bullet". What a retarded society we live in. ![]() | |
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Registered User Joined: Feb 2016 From: Indiana Posts: 102 |
The standard for liability in civil litigation is generally much lower that the "beyond reasonable doubt" standard in criminal litigation.. Civil liability varies from jurisdiction-to-jurisdiction, but in some jurisdictions, a defendant can be held liable even if the plaintiff is "mostly" responsible for what occurred..
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Registered User Joined: May 2004 From: Central Arkansas Posts: 5,586 | Quote:
In criminal cases, the 'beyond a reasonable doubt' is the phrasing used here as well. And that's as it should be imo. I'd rather a hundred guilty guys get off than one innocent guy get convicted, and that means holding to a high standard for conviction. | |
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Registered User Joined: Feb 2016 From: Indiana Posts: 102 | Modified Comparative Negligence vs Pure Comparative Negligence Quote:
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Registered User Joined: Jun 2016 From: USA Posts: 1,430 |
you'd have to demonstrate that "somehow" the ammo was more wounding than the softpoint 223's used by the cops, or the 00 buckshot. :-) Aint gonna happen. If you're entitled to shoot the sob at all, you're entitled to blow him in half.
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Registered User Joined: Jul 2004 Posts: 5,110 |
I have, and always will use whatever the brand and configuration of ammunition the Federal or State LEO's are using. It may be needless caution but it's one less thing to argue.
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Registered User Joined: Jun 2004 From: Canadian Badlands Posts: 9,391 |
How do you think a jury would consider ammunition that was built to the standards of a specific shooting discipline like IDPA, IPSC, Cowboy Action, etc?
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Registered User Joined: Jul 2004 Posts: 5,110 |
It would depend on how it was presented, in my opinion. But who knows with a jury? Look at the OJ trial, or Casey Anthony. I sat through one trial where an inmate, 6'2" 250 lbs. was video taped attacking a Correctional Officer. Three other Officers went to his aid. The Inmate punched. bit, kicked and spit. Not one blow was thrown by any Officer, just approved restraining techniques. Charged with four counts of assault on a Federal Officer, the jury found for the inmate. Gives you a lot of faith in the jury system, right?
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Registered User Joined: May 2004 From: Central Arkansas Posts: 5,586 | |
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Registered User Joined: Sep 2016 From: Texas Posts: 24 |
What I heard about reloads used in SD were that the forensics cannot duplicate the loads for testing as to what distance and whatever.
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Registered User Joined: Jun 2016 From: USA Posts: 1,430 |
none of this is relevant if you dont hang around to be charged.
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Registered User Joined: Jul 2004 Posts: 5,110 | |