AFTERMATH
Be Prepared
If forced to defend yourself you will want to have three things in place beforehand.
1. Money
If an attacker dies and you are charged bond can run to $100,000 or more. Give your partner power of attorney so he or she can post bond using property, since most of us do not have that much cash lying around in reserve.
2. Spare weapon
If the incident has left a vengeful perpetrator out and about, you are at risk. However, if you used a weapon it has just gone into the police evidence room! Solution? Have a spare weapon. It should be identical to your defence weapon, and be capable of being used by either hand - in case your strong hand or arm is injured.
3. Lawyer
Find the best self-defence lawyer around. If you don't have a lawyer now, contact a lawyer referral service in your area. The lawyer should be paid by you. If a co-defendant hired your lawyer (e.g., insurance company) the lawyer will try to shift the blame off their paymaster and onto you! When you get the opportunity to talk with your lawyer after a shooting, tell him or her everything, every little detail. Anything you say to your lawyer cannot be used against you.
Things to Avoid
Sometimes it is the things you don't do that can help prevent an unjust criminal conviction.
1. Don't flee or lie.
Flight equals guilt. Once a liar, always a liar.
2. Don't alter the evidence.
Modern forensic techniques allow police investigators to recreate a crime scene with 90% accuracy.
3. Don't try to explain your actions immediately.
Tunnel vision and auditory exclusion make you the world's worst witness right after a shooting.
4. Don't help opposing counsel.
Failing to point out critical evidence, not reporting harassment, talking to the media, getting angry, etc., can hurt you.
Postvention
Here are the things you should do after a self-defence incident, in the order they should be done.
1. Call the ambulance.
If someone is seriously injured dial the emergency number and ask the operator for the ambulance service. Say briefly what happened (e.g., "A person has been shot and needs medical assistance.") and where you are. Give no details.
2. Protect the scene.
Do not let anyone near the crime scene. Don't touch anything at the crime scene. An altered crime scene will be detected, and this will cast suspicion on you. If you can't protect the crime scene or are compelled to leave for safety reasons (hostile crowd), put the assailants weapon into a paper or plastic bag - do not wrap it in cloth as it destroys fingerprints. Turn the weapon over to your lawyer (or police if you do not have a lawyer - get a receipt).
3. Contact your lawyer.
Call your lawyer and briefly explain what happened. Have him or her meet you at the scene.
4. Call the police.
You (or your lawyer) dial the emergency number and ask the operator for the police. Tell the police there has been a shooting and to send a patrol. Say who and where you are. Also give them a description of yourself so you won't be mistaken for a suspect. Discuss no details of the incident.
5. Get your weapon out of sight.
If the danger's passed, put your weapon away. Whatever you do, don't turn toward police with a gun in your hand. If you're holding a suspect at gunpoint when police arrive, immediately yell "don't shoot." Then, tell them who you are.
NEVER allow your gun to point at police. Police cannot be sure who the good guy is so they'll point their guns at the "person with a gun." Obey every command. Make no sudden moves. Keep your hands in the open.
6. Statement.
If you have just injured or killed an attacker it is important that you only say two things at the scene of the shooting.
a) Establish dynamic of what happened.
b) Point out critical evidence.
What should be said is something like - "Officer, I am the complainant. That man attacked me. His weapon fell into that gutter. That person is a witness. I will fully co-operate with your investigation as soon as I have been able to consult with my lawyer." -
THEN SHUT UP!
Police
The police do not work for you, that's your lawyer's job. More than 97% of police suspects are guilty of a crime and lie to police, so police assume suspects are guilty of something and try to manipulate them into saying things that will hurt them in court. So beware of false sympathy from police after you put their latest client on the floor, surrounded by a chalk outline. It is advisable to wait at least 24 hours to come down from the extreme stress of a shooting before undergoing the police interrogation. Have your lawyer present and make sure the proceedings are video taped.
Court
If you are prosecuted for assaulting someone with a weapon you will have two main questions to answer.
1. Why did you assault the person?
2. Why did you have the weapon?
Unless you have very good answers to these questions you are fighting an uphill battle. People who own weapons may appear to have violent personalities unless they have a good reason for possessing them.
Jury Trial
Never waive your right to a jury trial. A judge is less likely to be sympathetic and may be overly friendly with the prosecution. A jury gives you 12 chances of freedom.
Paper Trail
By reporting all threats, instances of harassment, applying for a restraining order, etc., you are seen to be using all non-violent means to stop a threat. If you are later forced to shoot an offender who has been stalking or threatening you, you can then present evidence that you had reason to fear for your life prior to the shooting. If you shoot someone who has allegedly been stalking you the police prosecutor will ask why you never reported it. The prosecutor will tell the jury: "The truth of the matter is that you shot the victim on the spur of the moment during an argument and made up a story about being stalked to con the jury into thinking you were the victim!"
Civil Suit
Expect to be sued by the criminal (or his estate) if you have any money, even if not criminally charged. In a criminal court the onus is on the state to prove the defendant guilty beyond a "reasonable doubt" (95% probability of guilt). In a civil court you will be judged on what is called the "balance of probabilities" - the jury is instructed to find you guilty if more than 50% of the evidence suggests your guilt.
Media
Never talk to the media even if you feel compelled to tell people what happened (a condition called loghorea) - murder sells more air-time and newspapers than justifiable homicide. Editing of an interview can make the innocent look guilty. Tunnel vision, auditory exclusion and cognitive dissonance will also effect statements you make right after a shooting. Leaving stuff out or putting events in the wrong order can hurt you in court.
Mental Health
Your mental health may suffer if you are forced to kill someone. Some experience nightmares, insomnia, depression, social withdrawal, appetite disturbances, flashbacks and sexual dysfunction. Some will see you as a killer, so expect some level of condemnation and harassment. Do not expect to be congratulated for maiming or killing someone. The good news is that it will not last. Get on with your life and the trauma will fade away.
Final Word
The preceding may seem onerous but most people involved in genuine self-defence incidents are never charged, let alone convicted of a crime. Remember, better judged by 12 than carried by six.
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