palehorse
Lifer
- Dec 21, 2005
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There a million scenarios where the specific circumstances make for a very difficult judgment; and, sadly, yes, it may ultimately come down to the quality of the lawyers and investigators involved.Originally posted by: Jack Flash
Originally posted by: Genx87
Originally posted by: Jack Flash
Thanks PH. I guess it comes down to having a good lawyer on your side.
I'm guessing there's a legal difference between saying "Give me your wallet!' with a legal gun in your holster and saying 'Give me your wallet' while pointing that gun.
If a gun is used in the crime there really isnt a distinction. Even if the guy by some miracle didnt use his gun to rob you. Just having the gun would enact a harsher penalty and treat him like he did rob you with a gun.
Another question, and forgive me if this sounds ridiculous.
Can one legally claim self-defense against the police. I recall there was a person killed holding a Playstation controller due to police mistaking it for a weapon. If his roommate had seen this happen and pulled his gun and shot down the officer would that be considered self-defense?
That said, most incidences involving police come down to their efforts to identify themselves clearly to the civilians involved prior to the shooting. If you have no reason to know or believe that the man pointing a gun at you is a cop, and he does NOT identify himself as such, then you can more than likely get away with defending yourself... or not -- depending, of course, on the honesty of the cop and the effectiveness of the lawyers and investigators involved.
There are actually quite a few cases you could research to see the legal details involved...
Here's a recent one wherein the charges were dropped against the civilian because the officer shot first and failed to identify himself.
