per op, I'm asking from the perspective of being members of a jury where prosecution is trying Scotto for manslaughter or murder
So opinions on both cutoffs would be cool
per op, I'm asking from the perspective of being members of a jury where prosecution is trying Scotto for manslaughter or murder
So opinions on both cutoffs would be cool
Well it would have to go through a grand jury first to see if there was reason for a trial. If they found there was, you'd have to consider their findings. I think, if on camera the guy leans in and makes that threat, there is not imminent threat to life, just a verbal threat. If they were close to the edge of a balcony, dangerously close, then things would change. I don't think verbal threats can be answered with deadly force even under SYG.
It would not be a defense to prosecution to use SYG in that instance, because the defendant could not have escaped if cornered. It would then become a use of deadly force situation.
I think that's basically what I said to begin with, just in a lot less detail.
But I think if he flat out said "I'm going to shoot you right now" on camera, and it shows him reaching, even if turns out Grimm had no gun, I'd still want to acquit Scotto.
I also think that if there is a death by shooting, the grand jury would almost always send it to trial.
Yeah, the threat of immediate bodily harm by shooting when you're reaching into a concealed area is much more imminent than saying you're going to throw someone off a balcony when you're not even close to one at the moment. Had he grabbed the guy, that's different.
Grand juries don't always send death by shooting to trial.
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