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Old 07-11-2013, 08:05 PM
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My statement about the burden of proof is based on multiple articles from this morning. I don't have direct legal knowledge but the articles were convincing.

Quote:
But my point was, in manslaughter the state only has to show negligence or the lack of regard for another's safety which results in death (or something like that).
Yes but they have to prove he acted with neglect leading to the death. That is the strong burden. As someone who has carried a loaded firearm, guarding a post several times a week (for years) when in the military, I believe that a situation can go from just shady to life threatening in seconds. If T grabbed for the gun then Z's life was at risk. There is no video footage so we can't proof intent or neglect or really anything to counter a self defense claim.

If I was on watch and someone was grabbing my partners gun I may on have a few seconds to pull my gun out and shoot. It all can happen so fast.

Again I am not a cop.
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