|
One of the reasons I asked Marc to do that video for the iPad book was that too often I'd see debates on forums, or too often I'd hear someone say with authority, "That guys won't be charged, because the law says...," or something to that effect. A point I make in class is that there are a thousand variables in every self-defense claim, and it's impossible to say with authority, what the outcome will be. One of the points that Marc taught me was that at the end of the day, it doesn't matter what really happened. What matters is what the prosecutor can get 12 people to believe, so the incident itself isn't the only thing that matters. What the witnesses saw; what you did before and after the incident; everything you've posted, emailed, texted or tweeted before and after matters, etc., etc.
As he says in the video, since the "reasonable person" doesn't really exist, the prosecutor gets to ask himself or herself, "What would a jury believe?" In other words, they'll ask, "Can I win this case with 12 likely jurors?" It's the 12 likely jurors that the prosecutor thinks of when he or she thinks of the "reasonable person."
|
XDTalk Forums - Your XD/XD(m) Information Source!
»
the reasonable person test
Linear Mode
