Académique Documents
Professionnel Documents
Culture Documents
2016
THE SYLLABUS
SEMINAR
Wisconsin
Introduction
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Element 1: Innocence
Element 5: Reasonableness
Element 2: Imminence
Defense of Others
Element 3: Proportionality
Defense of Property
Consciousness of Guilt
Element 4: Avoidance
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Self-Defense Immunity
Introduc4on
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Weve contemplated the possibility that someday, despite our best eorts, we might
Experienced
Respected
For the lawyers, we contemplate that well be called upon to represent a client who
We know that using force against another person is prima facie unlawful, and can
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1.Murder (Life)
Rules of
Self-Defense
5.Brandishing/Menacing (varies)
Zero criminal
liability
Firearms enhancement: e.g. 10-20-Life: May add many years to criminal sentence.
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Outside Rules of
Self Defense
TOTAL criminal liability
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There simply were not any good sources, if not a lawyer, and not many great
sources even if you were a lawyer (primary legal research).
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USCCA
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Legal Consults
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Meet GunForumGuy27
Self Defense Law Expert
Most Lawyers
30+ years assuring everyone online that he knows what hes talking about.
Creativity
Legal Expertise
Warning: Never again will you be able to enjoy a self-defense law thread on a gun forum
youll be the only person in the thread who knows what theyre talking about.
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Almost everything you read in the mainstream media about self-defense law and selfdefense cases must be assumed to be wrong, unJl proven otherwise.
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Ferguson MO riots.
Ryan J. Reilly is a D.C.-based reporter who covers the JusJce Department and the
Supreme Court. He has covered federal law enforcement and legal news since 2009.
Mr. Reilly was assigned to cover the Ferguson riots.
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1.Statutes
2.Court Decisions
3.Jury InstrucJons
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Why Bother?
Isnt a good shoot a good shoot? Sure.
Manchester NH, Jan. 10, 11:30pm, 65yo 4 11 105lbs, returning home from night
shit, accosted by 511 200lbs assailant, who blocked her from her front door,
demanded her purse, and reached for her with his let hand. She drew a .32 Kel-Tec
from her pocket and shot him in the chest.
He said Ow.
This woman never had any tacJcal training, never took a Law of Self Defense Seminar.
She won the physical ght, and wont face any legal peril. A good shoot.
Statutes:
Wisconsin Statutes (W.S.). CHAPTER 939. CRIMES GENERAL PROVISIONS
SUBCHAPTER III. DEFENSES TO CRIMINAL LIABILITY
939.48 Self-defense and defense of others.
Case Law:
State v. Mendoza, 258 N.W.2d 260 (WI Supreme Court 1977)
Jury InstrucJons:
Wisconsin Jury InstrucJons - Criminal (2015)
800 . Privilege: Self-defense: Force less than that likely to cause death or great
bodily harm
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Why Bother?
For the typical law-abiding ciJzen, losing the second baPle the legal baPle can be
nearly as devastaJng as losing the physical baPle.
There are people in our society who do just ne in prison.
There are people in our society who thrive in prison.
Law-abiding people like us are not among them.
Dont need to spend much Jme in prison before life as you know it is destroyed over.
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In many instances the criminal jusJce system looks things over and chooses to use its
discreJon to not arrest, indict, prosecute, and convict you.
This varies tremendous by geographic region, temperament of the prosecutors, and
the people involved.
We dont have the luxury of preparing merely for what the criminal jusJce system
might do, if its kindly disposed.
We need to be prepared for how to defend against what the system can doand
conduct ourselves accordingly.
And what it can do, given the right evidence, is put you in prison for the rest of your
life, and strip you of every asset youve ever accumulated over a lifeJme of hard
work.
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With the physical baPle, because of the consequences of losing the baPle, the
prudent person prepares themselves with tools, training and pracJce.
Exactly the same must be done to prepare for the legal baPle: tools, training and
pracJce.
Thats what this seminar is all about.
By the end of this course you will posses a robust knowledge of:
1.Your states actual laws on self-defense
2.How those laws are applied in the real world
3.How to best defend yourself and your family in accordance with that law, and
avoid accidentally violaJng it through misinformaJon or ignorance
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Disclaimers
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...AND NO PRIVILEGE!
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Fundamentally, self-defense claims require you to concede that you harmed another
person on purpose. Your defense is that you were legally justified in doing so.
You would need to say, through your defense attorney:
Yes, I shot that person, and they died as a result, but I did so
with the legal justification of self-defense.
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Prosecutors dont like to bring cases to trial that without a strong prospect for
success.
As much as they love to win, they hate to lose.
From the moment they rst see your case, they are making a shrewd assessment of
your vulnerability to prosecuJon.
If, through your own ignorance or error, your acJons fall outside the bounds of lawful
self-defense, thats an easy convicJon.
And thats like blood in the water to a shark.
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The people who will be judging your acJons were not there.
They do not know what really happened.
Eye witnesses do not know what really happened.
Even YOU do not know what really happened.
We can only know what the evidence suggests really happened.
The criminal jusJce system is a bureaucraJc machine designed to administer jusJce,
not nd absolute truth.
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Your liberty hangs upon two compeJng narraJves being presented to the jury.
The prosecutor is telling the jury a narraJve of guilt.
Your lawyer is telling the jury a narraJve of innocence.
The Jury will base their verdict solely on the informaJon within these two narraJves.
Both narraJves are constructed out of the building blocks of evidence presented at
trial.
Some building blocks favor the Prosecutor, some the Defense.
The more of those building blocks from which the Prosecutor infer guilt, the more
legally vulnerable you appear.
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How to design a
self-defense
strategy that
minimizes guilty
building blocks
Types of evidenJary
building blocks your
lawyer looks for
How to design a
self-defense
strategy that
maximizes innocent
building blocks
Your Story of
Innocence
Prosecutors Story of
Guilt
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NOT LEGAL
Imminence
ProporJonality
Imminence
ProporJonality
LEGAL
NOT LEGAL
LEGAL
WHAT IF YOURE
HERE?
Avoidance
Avoidance
Reasonableness
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Reasonableness
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Guilty
LIKELIHOOD OF GUILT
Standards of Evidence
0%
Not Guilty
Standards of Evidence:
Where does the line go?
Burdens of Proof:
What evidenJary building blocks may we use?
Who must convince the jury which side to put you on the eld?
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