Meh. I throw the baloney flag on this one.houserco wrote:Legal teams from the ACLU to Defense lawyers to even DA's will tell you that there is legal precedent from other states where a person lawfully defended themselves on paper but were charged because they picked one day to carry over others and ended up using their weapon. Now, we all know that most will not even use their weapon even when they should... however the prosecution doesn't care. They will do their best to try and charge and convict you no matter what the situation is.
I am well aware of instances of prosecutorial fixation on trying to charge a legitimate DGU, with political viewpoints infecting the justice system. Harold Fish being just one example.
However, I do not believe choosing to carry some days and not others has been a commonly occurring factor resulting in charges for shootings that are otherwise lawful. If you want to continue to assert this, I'd like to see data.
Also, I do not agree a blanket statement that "They (prosecutors) will do their best to try and charge and convict you no matter what the situation is" is accurate. I am well aware of many, many DGU's where the prosecutor has been supportive of the law-abiding citizen. As I write this, I am reminded of one county prosecutor, Joe Deters, whose money quote in the paper was, "Our office believes that a person who makes the decision to rob another person has given up the right to not get shot."