Legal Question

[gregintenn]

If it was necessary to shoot a fellow human in self defense, and you were in the right, beyond a shadow of a doubt up to that point in time, what could you be charged with if you left the scene, went on about your business, and didn't report the incident? It would seem to me that something wouldn't be right about it, but you didn't commit a crime, so you wouldn't be leaving the scene of a crime. Under what grounds are you required to report it? If the same encounter ended in a fist fight instead of shooting, are you required to report that? I'm sure this has been addressed before, but I can't find it.

[Guest m&pc9]

I dont know the legal stuff. But have always heard police look at the first one reporting it as the victim. But if you are not the aggressor, why would you not report it?

[Oh Shoot]

I dont know the legal stuff. But have always heard police look at the first one reporting it as the victim. But if you are not the aggressor, why would you not report it?

I don't know the legal stuff, either, but why would one NOT report justifiably killing someone?

Lots of reasons, most of them involving time, hassle, money, reputation, and possibility of incarceration or lawsuit, regardless of how "clear cut" the situation appears to the shooter.

But that's not the question.

Seems to me, in IANAL armchair legal opining mode, you flee the scene:

- if you are never connected to the shooting, obviously you wouldn't be charged with anything.

- if you are, default perception would almost certainly shift from justifiable homicide to criminal homicide of some flavor, up to even premeditated murder if you happened to know the person.

Additional charges?:

Homicide is a crime until deemed justifiable.

Would think that leaving scene could be construed as unlawful flight to avoid prosecution, cross a state line and it becomes federal crime too, AFAIK.

I imagine you could be found guilty of this, even if found not guilty of anything in the shooting itself.

Just like fleeing the scene of an accident, except more serious.

There's also a charge of "interfering with an investigation" or similar, off top o' my bean.

- OS

Edited February 20, 2010 by OhShoot

[macville]

Isn't in the state of TN a justifiable shooting only a defense to the law? Our HCP's are basically the same thing, just a defense to the law. So a crime WAS committed if you had to shoot someone in SD, but you have a defense...or am I remembering the law incorrectly.

Matthew

[nightrunner]

I thought it was called "failure to file a police report"

If I had to guess, Id say you would immediately go from victim to perp.

[gregintenn]

But if you are not the aggressor, why would you not report it?

You've obviously either never been to court or had better luck there than I have.

[Guest clsutton21]

You've obviously either never been to court or had better luck there than I have.

I think that when someone finds the body. They go through all the money and time of investigating it. It gets spread all over the media. That you are going to be out a lot more time that you would be if you had reported it.

[Guest milkman]

I don't know much about legal things, especially criminal but:

I think it would be murder.

I only say that because assuming that the body was found hours to days later there would only be a approximate time of death. The Police and Prosecutor would then say he was still alive when you shot him and you left him to die.

Beyond that it could be Manslaughter, Reckless Homicide or any other of a long list of crimes.

Why not report it? If it's a good shoot then there is almost nothing to be worried about.

[Pain103]

The only laws I know in TN that apply to failure to report are Vehicle crashes, child abuse, and elder abuse if I remember correctly. Why would you leave? Even if your scared or nervous definitely stay there get your evidence in there so you can get the investigation over with quickly.

[Guest 6.8 AR]

If you had to shoot in self defense, the only reason to leave the scene would be for your own safety. The only place you should be going to would be a police dept or a telephone

to call the police, and then your lawyer.

[Kelemvor]

Why should I have to hassle myself further after somebody forces me to kill them? Also, if they break my door down or otherwise cost me money, do I get to take their stuff as compensation?

[Fallguy]

Why should I have to hassle myself further after somebody forces me to kill them? Also, if they break my door down or otherwise cost me money, do I get to take their stuff as compensation?

Because even if the law is going to take your word that the other person forced you, they are going to want to hear your word telling them that.

[ShamGlock]

If you leave the scene of a shhoting for any other reason than for your own safety and go anywhere that is not a police station you can gaurantee yourself a murder charge. There are many documented cases of people doing just this and the lucky got to plea down to Manslaughter. If nothing else you have just ensured that you will land in court either criminal or civil and will rack up a mountain of lawyer fees. In short only an idiot would leave the scene of a justifiable shooting as flleing implies guilt.

I suggest you pick up a copy of Massad Ayoob's book In the Gravest Extreme. It goes over all these scenarios and should be considered required reading for anyone who beleives they may have to use a gun in defense of their life.

[gregintenn]

If you leave the scene of a shhoting for any other reason than for your own safety and go anywhere that is not a police station you can gaurantee yourself a murder charge. There are many documented cases of people doing just this and the lucky got to plea down to Manslaughter. If nothing else you have just ensured that you will land in court either criminal or civil and will rack up a mountain of lawyer fees. In short only an idiot would leave the scene of a justifiable shooting as flleing implies guilt.

I suggest you pick up a copy of Massad Ayoob's book In the Gravest Extreme. It goes over all these scenarios and should be considered required reading for anyone who beleives they may have to use a gun in defense of their life.

I imagine you are going to rack up a lot of legal fees and court time for sure if you report it. Thanks for the book suggestion. I'll check it out.

[Guest 6.8 AR]

That's the price of being able to defending yourself with a gun. If you didn't report

it, you would become a criminal like the perp you just shot. It's been that way forever.

Life isn't cheap, nor is protecting it.

[lowbud]

If you had to shoot in self defense, the only reason to leave the scene would be for your own safety. The only place you should be going to would be a police dept or a telephone

to call the police, and then your lawyer.

Why on earth would you need to call an attorney right away. if it's clear cut self defense in the eyes of the law then the only reason to involve a lawyer is if you are charged with something or served with a civil wrongful death suit.

I personally won't be spending a single dime in attorney's fee's unless it's absolutely necessary. If it's not clear cut self defense, that's another story. call your lawyer.

If I shot someone I would get myself to a safe place if I didn't feel safe at the scene and call the police.

Edited February 22, 2010 by lowbud

[KahrMan]

Why on earth would you need to call an attorney right away. if it's clear cut self defense in the eyes of the law then the only reason to involve a lawyer is if you are charged with something or served with a civil wrongful death suit.

I personally won't be spending a single dime in attorney's fee's unless it's absolutely necessary. If it's not clear cut self defense, that's another story. call your lawyer.

If I shot someone I would get myself to a safe place if I didn't feel safe at the scene and call the police.

I have always heard, from lawyers and police, that if you are involved in a self defense shooting always have a lawyer present when you talk to the police. They will be the only ones looking out for your best interest. Even Mas Ayoob recommends that.

[molonlabetn]

The only reason I would leave would be if there still existed some danger which I needed to get away from... but I would certainly report it as soon as possible.

[Guest 6.8 AR]

Anything you say can and will be used against you. Does that sound familiar? That's

a serious crime if you are charged. I wouldn't want to be talking to the police without

counsel. You can say something accidently and might mean something entirely different

from what you said, that can bite you in the ass. Having a lawyer present doesn't imply guilt. It may save your neck, however.

[lowbud]

Anything you say can and will be used against you. Does that sound familiar? That's

a serious crime if you are charged. I wouldn't want to be talking to the police without

counsel. You can say something accidently and might mean something entirely different

from what you said, that can bite you in the ass. Having a lawyer present doesn't imply guilt. It may save your neck, however.

That's why you simply say you were in fear for your life and acted in self defense. No need to say anything more unless you are charged. I could care less what the lawyers think or anyone else for that matter.

I don't have a attorney on retainer and I don't ever plan on it. I hate the legal system and don't care to feed into it nor it's community.

[Oh Shoot]

That's why you simply say you were in fear for your life and acted in self defense. No need to say anything more unless you are charged. I could care less what the lawyers think or anyone else for that matter....

Prob is, you almost certainly WILL need to say more than that to satisfy the investigation, no matter how clear cut the homicide scene might look.

The choice is, do you say it with or without a lawyer present in your corner?

- OS

[lowbud]

Prob is, you almost certainly WILL need to say more than that to satisfy the investigation, no matter how clear cut the homicide scene might look.

The choice is, do you say it with or without a lawyer present in your corner?

- OS

I'll take my chances without.. unless the shooting is questionable. I wouldn't have a problem telling exactly what took place unless the event could have been avoided. if it could have been avoided you've got other problems on your hands.

[Oh Shoot]

I'll take my chances without.. unless the shooting is questionable. ....

I tend to agree, even though so many advise against it, including many if not most LEOs. One wild card seems to be any particular DA; seems that some are prone to prosecute any gun related incident regardless of circumstances.

- OS

[saintsfanbrian]

I don't drive a vehicle without insurance I won't talk to the police without a lawyer. First off the only thing I will tell the police at the time if god forbid I need it is that I will answer all of their questions as soon as my lawyer is present and that I believe I might need medical attention.

My attorney will show up and tell me which questions I should answer and will help me keep my answers as brief as necessary.

[Raoul]

Anything you say can and will be used against you. Does that sound familiar? That's

a serious crime if you are charged. I wouldn't want to be talking to the police without

counsel. You can say something accidently and might mean something entirely different

from what you said, that can bite you in the ass. Having a lawyer present doesn't imply guilt. It may save your neck, however.

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