» Entries tagged with "self-defense"
The Enemy Is All Of Us
You’d probably think that Maricopa County Attorney Bill Montgomery’s moral compass is tried and true. It certainly should be, as he leads one of the nation’s largest public prosecutorial agencies. His office chooses who to charge, what to charge, and what pleas to offer in this gigantic county of ours, and for most of the individuals his deputies prosecute, he might as well be omnipotent. Unfortunately, his ability to distinguish right and wrong, and accordingly the good guys from the bad guys, seems deeply flawed. In a recent debate with my friend (and awesome criminal defense attorney) Marc Victor, he called a US military veteran an “enemy” for smoking marijuana. The New Times described the exchange, which occurred during a question and answer session at the end … Read entire article »
Filed under: Prosecutors
Getting in Their Heads
Eric Turkewitz at the New York Personal Injury Law Blog published a guest post about whether jurors should be allowed to ask questions at trial. Apparently that doesn’t happen in New York. It sure does here in Arizona, as we’ve heard about ad nauseam because of the Jodi Arias trial. The guest-poster, Peter DeFilippis, concluded that increased juror participation would aid their judicial system in achieving the goal of providing justice for all. I can’t say that I disagree. I am a pretty big fan of jury questions because they’re wonderful little spoilers that help you know where to focus. I can also see how they help to connect jurors to what’s happening. The insight into the jurors’ thoughts that a system like ours … Read entire article »
Filed under: Arizona Cases, Juries, Trial
Self-Defense, Depublication, and Uncertainty
In Arizona, felons who haven’t had their rights restored can’t possess firearms. It’s a class 4 felony, and because alleged offenders are obviously likely to have at least one historical prior felony conviction, defendants charged with misconduct involving weapons under the prohibited possessor subsection usually face a pretty significant mandatory prison term. What if they possess the firearm in self-defense though? The self-defense statute justifies “threatening or using physical force against another.” It doesn’t necessarily justify possessing a firearm if you’re a prohibited possessor. Another statute justifies the defensive display of a firearm, again not specifically allowing a prohibited possessor to possess a firearm, and the statute governing the use of force in defense of a residential structure or occupied vehicle and the statute governing the use … Read entire article »
Filed under: Arizona Cases, Arizona Statutes, Procedural Rules
Arizona DUI Stupidity
Imagine you’re sitting in the comfort of your own home, enjoying a glass of fine single barrel Kentucky straight bourbon whiskey. It’s about midnight, and you’re on your third or fourth when you hear the back window of your home shatter. You can hear that someone is trying to break into the house, and you run to call 911. As you frantically rush through the house, you see someone breaking in through the front window as well. You have no time to think, and not knowing what else to do, you swing open the door leading to your garage and jump in your car. You lock your doors, fire up the engine, open the automatic garage door, and speed off while calling the police. Congratulations, you … Read entire article »
Filed under: Arizona Cases, Arizona Statutes, DUI
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