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I think you mean a defense to prosecution or a general defense. Affirmative defense is usually reserved for some sort of civil cause of action. Example: accord and satisfaction.
No. I know what I'm talking about. I even provided a link. Here, I'll even provide the relevant portion.I think you mean a defense to prosecution or a general defense. Affirmative defense is usually reserved for some sort of civil cause of action. Example: accord and satisfaction.
In criminal prosecutions, examples of affirmative defenses are self defense,[1] insanity,[2] entrapment[3] and the statute of limitations.
No you don't.No. I know what I'm talking about. I even provided a link. Here, I'll even provide the relevant portion.
What did he say that was "racism"?No racism here, folks.
So don't shoot because you might hit someone else, but the folks in the car are just having a good old time while you are trying to run me off the road. So what do you do in that situation? Wait to get run over or off the road.Always be aware of surroundings when using a firearm
This can't be any more wrong.Wrong. You don't have the presumption of innocence when you shoot someone because there is only one reasonable scenario in which shooting someone is acceptable and that's in the case of self defense or defense of others.
Step on your brakes and come to a complete stop. you can't be run off the road if your car is not moving.So don't shoot because you might hit someone else, but the folks in the car are just having a good old time while you are trying to run me off the road. So what do you do in that situation? Wait to get run over or off the road.
In what jurisdiction do you practice? (I assume you do, based on your comments).
You are presumed innocent of a crime until you are proven guilty of a crime ... Stop lying.
That's the kind of garbage that means nothing and you are defending a vapid point.
You cannot even confess to Capital Murder and be convicted without a trail
and the Prosecution still presenting evidence you actually committed the murder.
They have to prove you did it ... At least to a Jury or Judge.
.
"Affirmative Defense of self defense" is your line why did you quote it like you it was mine?No you don't.
Generally, the term "affirmative defense" is usually reserved for civil matters.
The "affirmative defense of self-defense" is a serious bit of redundancy.
Claiming self defense is affirming the prosecution's claim that you killed someone and taking on the burden of proving it was justified. That's why it's called an affirmative defense. You guys are dumb.This can't be any more wrong.
They may have an easy time proving their case-in-chief and spend most of their time defending or trying to disprove a self-defense claim, but they have the burden to prove the crime first.
Don't shoot at a moving vehicle. It all depends on the circumstances and how much/little truth there is in the guys claim. I will assume the right verdict was reached.Try shooting at a moving target. I'm sure from his point of view he was just shooting at the car to get them to stop.
Moron. You can claim self-defense in the alternative. You can say both "I dindu nuffin" and "it was self-defense" at the same time. There's even required jury instructions telling jurors that they must first find the defendant committed the alleged act, then and only then are they to consider whether or not self-defense applied.Claiming self defense is affirming the prosecution's claim
What are you talking about moron? It's not a buffet. You can either claim you had nothing to do with any killing in which case its the prosecution's job to prove you did kill someone.... or, you can admit to killing someone and argue you did so in self defense in which case its on you to prove that to a jury.Moron. You can claim self-defense in the alternative. You can say both "I dindu nuffin" and "it was self-defense" at the same time. There's even required jury instructions telling jurors that they must first find the defendant committed the alleged act, then and only then are they to consider whether or not self-defense applied.
Just shut the fuck up, man you don't know what you're talking about.
In what jurisdiction do you practice? (I assume you do, based on your comments)
You absolutely have no clue what you're talking about.What are you talking about moron? It's not a buffet. You can either claim you had nothing to do with any killing in which case its the prosecution's job to prove you did kill someone.... or, you can admit to killing someone and argue you did so in self defense in which case its on you to prove that to a jury.![]()
You can choose to claim both that you had nothing to do with someone's death and then change your story midway through trial to admitting that you did and trying to argue self defense, but I don't think the changing story is going to help your defense much.You absolutely have no clue what you're talking about.
A criminal defendant is never limited in the defense claims he can launch.
You are fucking talking right out of your cum-stained ass. You seriously have no clue.
You're pretty simple minded. I can see why you cannot grasp the concept, but let me explain.You can choose to claim both that you had nothing to do with someone's death and then change your story midway through trial to admitting that you did and trying to argue self defense, but I don't think the changing story is going to help your defense much.
Hmmm.... that's not what you claimed in your last post.....
Glad I could help clear this up for you though.![]()
Wilson, a biracial Black man, 21 years old at the time of the shooting on June 14, 2020, fired his legal handgun at a pickup truck of white teens who he says were yelling racial slurs at him and trying to run him and his white girlfriend off the road near Statesboro, Ga.