Gun Control & RKBA
In reply to the discussion: NRA and GOP Utopia: Dismantle Government and Take Law into Your Hands thru 'Stand Your Ground Laws' [View all]spin
(17,493 posts)and one ends up dead.
If the shooter was in his own home and the other individual had no obvious connection to the shooter, it's fairly easy to rule legitimate self defense under castle doctrine or stand your ground.
However, if the incident occurred on the street and there were no witnesses it's hard to determine exactly what happened. In such cases it would be reasonable for the police to carefully look at the backgrounds of the two individuals. If the dead individual had a long rap sheet that included violence and the shooter had a concealed carry license and a clean record, once again it would be reasonable for the police to assume legitimate self defense.
Of course both individuals could have a clean record. This could pose a real conundrum. We have a presumption of innocence under our legal system and if there is no evidence or reason to suspect that the shooter is lying, he might well get away with murder as dead people can't testify. But the shooter might just be telling the truth. Perhaps he should be arrested and prosecuted in such cases but with no evidence, it would be hard for a jury to convict him. Is it worth the time and expense? Juries are often fickle and if they find the shooter guilty, he will appeal the decision causing even more expense both to the state and the shooter. It could prove to be a real mess and possibly an innocent man might end up behind bars.
In my opinion, especially after reading about the incident in Sanford Florida, I feel that any investigation of a self defense shooting should be require a review by a high authority than the local police. Perhaps the States Attorney's Office could perform this function.