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by Soccerdad1995
Fri Jan 18, 2019 12:22 pm
Forum: Self-Defense Reports
Topic: AL: Wounded IHOP employee draws and kills man shooting in restaurant
Replies: 14
Views: 3979

Re: AL: Wounded IHOP employee draws and kills man shooting in restaurant

Keith B wrote: Fri Jan 18, 2019 11:26 am Alabama law requires a GJ to review potential felony cases. A homicide, which is what was committed by the guy defending himself, is a felony. Many states require the GJ review the case and the DA can't just say it was a good shoot.
Not to nitpick, but a homicide, by definition, may or may not be a criminal act. So to say that "a homicide, which is what was committed by the guy defending himself, is a felony" is a bit inaccurate, I believe.

IMHO, states should apply some common sense here. After all, arson is a felony, yet a GJ is not required to review all house fires, even though each and every one is a potential felony, absent exculpatory evidence. I believe that all "potential" felonies should be investigated and if there is sufficient evidence that an actual felony may have occurred, then by all means, convene a GJ. But convening a GJ every time there is an occurrence that could possibly have resulted from a felony act is not only a waste of time and money, but is also an unreasonable burden on the citizens of a state.

After all, executing a convicted felon fits the definition of "homicide" and could theoretically be a felony, if the execution wasn't actually authorized. But I highly doubt that Alabama, or any other state, convenes a GJ every time it carries out an execution (and lets not give the libs any ideas there).

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