I was simply making an observation that MAY be relevant at some point if you end up using your weapon.Kerbouchard wrote:I have seen this come up a few times in different forums and I still have not been able to find one source case to even begin to back up what the OP is talking about.
An answer to a hypothetical question is rarely admitted into evidence, and when it is, it's an expert's opinion on a response to a hypothetical question with facts very similiar to the ones that the exact case has to do with.
If you admit to crimes on the internet or e-mail, then I could easily see how that could be used against you, but as it is the DA doesn't know your frame of mind...You could have been drinking since 11 a.m. What you might do or say as an anonymous poster while intoxicated might be much different than how you would handle a situation when confronted by it.
Another thing, how many people completely lock up their computer, delete all the stored passwords, and make sure no other person could access your account? How many of your passwords are a pet, or a word? Can the administrator edit a post?
At best, they could trace a post to a household...and they still couldn't prove who was the one typing, and what state of mind that person was in.
Also, people on the internet are notorious for not being truthful, either about their profession, looks, age, gender, marital status, etc, etc, etc.
Some people get on these internet forums just to escape their real life, to be somebody else for a while. If there was actually a way to find out who everybody was, I would be willing to bet at least 20% of most of these 'gun forums' aren't even old enough to purchase a handgun. People embilish the truth sometimes.
So, if anybody can provide 1, even 1 reference case where an answer to a hypothetical question prior to an act, was used in court to establish motive/intent, I would be interested. I couldn't find anything. Everytime I looked up hypothetical and evidence, all it came up with is expert testimony. And if somehow you find something about a hypothetical question answered by the defendant prior to the act he is being charged for being used in court, check to see if it was answered over the internet.
So far, pretty much the only thing I've seen for electronic evidence all has to do with finance, child predators, libel, etc.
The case I was referring to was a divorce proceeding I took where plaintiff's counsel brought these forum posts out and questioned the deponent about them during a deposition. That's not to say any of this will be admitted by a judge if it goes to trial, but it did get me thinking, and I thought I'd share my thoughts on this forum.