The treatment for one illness may be fatally contradicted for another. So it is in medicine, and so in can be in law, specifically self-defense law. A classic example is the advice, “Say nothing to police except ‘I want to call a lawyer!’ after you’ve shot a criminal in self-defense.” Not talking to police is great advice for criminals, but not the best for those who have just been required by circumstances not of their own making to use force in defense of themselves or another.
As a young instructor I shared the advice of attorneys and even judges to not talk to police…until I became an expert witness in the late 1970s and saw how poorly that advice served those who had had to pull the trigger in legitimate defense of self or other innocent parties. In the early ‘80s I came up with the five-point checklist that I’ve shared with students and readers since.
You can find it here, in an eight and a half minute video I did five years ago with the late, great legal self-defense expert Marty Hayes, founder of the Armed Citizens Legal Defense Network which last year was absorbed into CCW Safe.
If you’ve seen it before, please take the time to review – and of course, to comment.
Reminds me that I need to check with my neighbors about who has surveillance cameras that may have witnessed an incident unbeknownst to me.
Right Richard
The surveillance society just proves one innocent if they are. The more cameras the better!
Is it a good idea to administer first aid if they are still alive?
njk
I know for a fact Mas addresses this in MAG40. I confess I don’t recall the exact answer. I seem to think it was a depends/depends situation. The question of how much trust you have in the perpetrator against the desire to preserve human life. I heimliched a hot dog out of a fat fan at the drag races once. I know the feeling. But that dude hadn’t just broken into my house for nefarious reasons. That colors it for me. Nobody really knows what they’re going to do in a given situation until it unfolds before them. But luck does favor the prepared. I believe that.
Always good to keep these five points refreshed in memory just as dry fire practice keep one tuned up.
For myself I’ve added to the “Evidence” point – a brief video of the aftermath scean. Nothing will capture the moment and debunk a false narative like my perspective at the time. It will also likely capture my vocalized concern of others at the scean.
That’s a great photo of You and Marty !!
Great advice to review in these turbulent times we live in.
Awww. It’s Marty.
All right! great advice as usual, but if you will forgive my naivete I have a question. In the video, you remind folks they have to ask for counsel. What does the average joe who probably has not spoken to an attorney since he bought his house, certainly does not have one on retainer and isn’t a member of a self defense services group do? Even if you change representation later who/how do you get someone qualified NOW?
https://www.youtube.com/watch?v=CXlBxqBph08&t=1s will hopefully answer your question, Jim.
Check into some carry insurance. I use CCWSafe (https://ccwsafe.com/) myself. One phone gets the ball rolling with a lawyer on the way.
I was in Marty’s last class. Revolvers. He gave me the passing grade on the Master Class test.
Seeing Marty in the video was a reminder in how much he is missed.
I got into a discussion with an attorney at last week’s NRA Annual Meeting about this, and as a good MAG-20 Classroom grad and a future DFI student, I argued in favor of the 5 point checklist. The attorney was well aware of it, yet insisted on the say nothing and have your attorney speak on your behalf from the very beginning. So their point of view was not for lack of awareness
Good review. Pretty much as I remembered seeing it back in the day.
“He attacked me; I’ll testify; There’s evidence; They saw it; I’ll cooperate when my attorney’s here.”
“He attacked me”
Good advice if it’s what happened. As Mr Ayoob mentions, don’t have it memorised. Because it may not be what happened.
You’d have to be wildly irresponsible not to stop a woman being raped, a child being grabbed, a spree shooter spraying a playground….. In none of those cases was it you being attacked.
We had a buffoon on here saying how he carried a card saying:
‘1) I was attacked…..’
That’s handing the prosecution proof you intend to commit perjury.
And he’d now announced it on a public forum.
When I pointed out what he’d done (for everyone elses sake, he was beyond help) he countered how he’d get his lawyer to tell the prosecution that he knew the law. Sorry to burst anyones bubbles, but you don’t get to instruct the prosecution.
njk
I was summarizing, not memorizing. But it’s a good point.
I have been a lawyer for more than 50 years in the criminal justice system. In a variety of situations I have seen how controlling the narrative early with a simple, clear statement can pay great dividends.
Simply put, it is easier to shape a decision than to change one after it is made.
Mas is dead on here…
To the gentleman who asked about counsel for a self defense shooting, for someone who has none of the advantages available to them; it is foolish ( and unlawful) to drive w/o insurance…this is especially valid concerning the serious business of choosing to EDC a firearm. Get a quality plan for you any anyone in your immediate family who carries…you really cannot afford Not to.