View Full Version : Dust cover inscription becomes an issue in court
http://www.tucsonnewsnow.com/story/31480834/questions-over-assault-weapon-used-by-mesa-officer-facing-murder-charge
This shows you the the text on your t-shirt, the bumper stickers on your car, EVERYTHING about your life can affect you in court.
Comes back to the best, though generic, advice from an attorney I've ever heard about self defense: "The more reasonable you can appear, the better you will fare in the legal system."
O2
Ps. We don't have a "Legal" area, just a "Legislation" area. If this would be better in a different place, feel free to move it.
The job of the prosecutor (or in this case the victims lawyer) is to find absolutely everything they can to show you in the worst possible light. That said, its meaningless in the eyes of the law. However, its always best not to give the hangman the rope.
Great-Kazoo
03-17-2016, 11:46
anything the suspect does say (look like , appear, have on them) can and may be used against them in a court of law;
The inscription will have nothing to do with the shooting being warranted or murder. If murder, it may be used in an attempt to create an illustration, good or bad, right or wrong, of the owner's predisposition which could affect the sentence and or plea. Lawyers don't play fair...in fact they get paid to not play fair. As an advocate for their client, it is their job to slant everything they can in their favor. But at the end of the day, a Jury, following Jury Instructions are supposed to decide on the facts. A good defense attorney would have the inscription excluded from evidence and if the Jury then heard about it, a mistrial would be likely.
I am not defending the officers poor choice in dust covers, but from a purely evidentiary position, it does not matter.
I think the prosecutor should have to prove whom the dust cover is addressing. Perhaps this was a personal reminder from the officer, to the officer, of the heavy consequences that come with having to use that rifle. Carrying a gun for a living is a serious business, and people who do so take it seriously. So maybe your secretary only has a note on her desk reminding her to log out of her phone when she leaves for the day, but this officer went to the lengths to engrave a warning on his rifle to think twice before using it.
I think the prosecutor should have to prove whom the dust cover is addressing. Perhaps this was a personal reminder from the officer, to the officer, of the heavy consequences that come with having to use that rifle. Carrying a gun for a living is a serious business, and people who do so take it seriously. So maybe your secretary only has a note on her desk reminding her to log out of her phone when she leaves for the day, but this officer went to the lengths to engrave a warning on his rifle to think twice before using it.
Win.
HoneyBadger
03-17-2016, 16:04
My rifles are plain, un-decorated, un-inscribed, black rifles. I'm sure that could still be used against me in a courtroom where everything is made up and the points don't matter.
One million points to HB.
If a cop is on duty and has to fire his rifle, usually, everybody is f$&@ed.
I heard that the dust cover was a gift from a friend shortly after the officer announced he and his wife had conceived their first child together.
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