Anything you DON’T say can be used against you . . . ?

By / August 16, 2021

We’re all familiar with the portion of the Miranda warnings, given upon arrest, that states: “Anything you say or do may be used against you in a court of law.” But what about anything you DON’T say during the arrest, can THAT be used against you in a court of law, particular in the context …

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Attacker’s Reputation for Violence

By / August 16, 2021

A recent court of appeals case from Florida nicely illustrates the legal rationales by which an armed citizen claiming self defense can get evidence of his attacker’s reputation for violence in front of the jury. A clear understanding of these rationales is essential, because they each have very different conditions, and the failure to meet …

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Falling Outside the Castle Doctrine

By / August 16, 2021

The boundaries of the castle doctrine and make-my-day legislation came under scrutiny in a Mississippi appellate case this past summer. The defendant, Banton, had shot and killed a man with whom his father was fighting on the family’s front lawn. Banton’s defense relied in part on Mississippi’s Castle Doctrine statute, which purports to provide that …

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Can Living in a Bad Neighborhood Justify Self-Defense?

By / August 16, 2021

A recent appeals court case in Florida explored whether the dangerousness of a neighborhood could be used to help justify the decision to use lethal force to in self defense. The defendant, Dowe, had shot and killed a man outside his home, and believed that the jury would be more sympathetic to his self defense …

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