Message from @realz

Discord ID: 780231280868458517


2020-11-22 15:42:47 UTC  

Like, it goes beyond your typical 5.56 JHP round.

2020-11-22 15:42:54 UTC  

This was more like RIP ammo.

2020-11-22 15:46:04 UTC  

So it was likely SP ammo.

2020-11-22 15:53:36 UTC  

Either that or extremely light JHP.

2020-11-23 00:25:25 UTC  

Doesn't it have to go the other way around?

2020-11-23 00:25:42 UTC  

the prosecutor has to prove that he wasn't?

2020-11-23 00:26:01 UTC  

at least from what I remember from reading Branca

2020-11-23 00:26:40 UTC  

Don't believe so no.

2020-11-23 00:26:51 UTC  

As self-defense is an affirmative defense.

2020-11-23 00:27:03 UTC  

affirmative defense just means you must admit the to the murder

2020-11-23 00:27:20 UTC  

but once you take the self defense route, it is on the prosecutor to prove you wrong

2020-11-23 00:27:27 UTC  

that was my understanding of Branca

2020-11-23 00:27:43 UTC  

maybe I'll put it out next weekend and give it another read

2020-11-23 00:27:51 UTC  

Affirmative defense means you did something but were justified in doing something, iirc.

2020-11-23 00:28:30 UTC  

google says affirmative defense does _not_ necessarily mean the burden of proof is on the defense

2020-11-23 00:29:29 UTC  

if self defense required the burden of proof on the defendant, it would be almost always useless

2020-11-23 00:32:31 UTC  

I don't think that short sentence gives this a full understanding

2020-11-23 00:32:51 UTC  

just google around `"burden of proof" "self defense" "affirmative defense"`

2020-11-23 00:38:09 UTC  

"In its broadest reach, a purely procedural insistence on proof beyond a reasonable doubt might lead to the invalidation of every "defense"to criminal liability. All defenses shift at least the burden of production to the accused. If neither the defendant nor the government provides evidence suggesting self-defense, for example, the issue is resolved in favor of the state, and no instruction on the point is given to the jury." https://digitalcommons.law.yale.edu/cgi/viewcontent.cgi?article=6552&context=ylj

2020-11-23 00:40:33 UTC  

so you are mugged at night

2020-11-23 00:40:37 UTC  

you kill the guy with your gun

2020-11-23 00:40:55 UTC  

there is no evidence that he did anything to you

2020-11-23 00:40:59 UTC  

you call the police

2020-11-23 00:41:02 UTC  

you call your lawyer

2020-11-23 00:41:09 UTC  

you go to prison?

2020-11-23 00:42:08 UTC  

Do you think the state is really going to try and be fair to you?

2020-11-23 00:42:28 UTC  

dunno

2020-11-23 00:42:31 UTC  

No.

2020-11-23 00:42:56 UTC  

They only have to prove you shot and killed someone.

2020-11-23 00:42:56 UTC  

good to know, I'll keep this in mind next time it is applicable 😛

2020-11-23 00:43:14 UTC  

It's up to you to claim you did it in self defense.

2020-11-23 00:43:34 UTC  

Because you did kill people, and that's likely proven.

2020-11-23 00:44:04 UTC  

(At least in this case it is almost certainly proven)

2020-11-23 00:45:18 UTC  

You'll learn about how prosecutors think when you're reading Robert's book. :P

2020-11-23 00:45:48 UTC  

They're usually not looking at your best interests.

2020-11-23 00:46:44 UTC  

Otherwise why would we need defense lawyers?

2020-11-23 00:47:34 UTC  

There are some good prosecutors out there, but there are various things keeping them doing their job for the state and in the favor of the state.

2020-11-23 01:13:18 UTC  

I get the prosecutors

2020-11-23 01:13:27 UTC  

I never implied the prosecutors are nice

2020-11-23 01:13:38 UTC  

but you are not talking about prosecutors