Too bad he couldn't condense what he had to say into 5 minutes. As my Speech professor told us in college, "Anyone can ramble on for 30 minutes to an hour about some subject, but it takes a knowledgeable, well disciplined person to get his point across to you in 5 minutes."
I'm not disagreeing with what (I think) he was trying to say. I'm just saying that my mind can only absorb what my ass can endure, and I couldn't endure more than about 3 or 4 minutes of him.
This one has been around for a relatively short period of time. Two things: first it is a law school class for budding lawyers. Secondly, in the hypotheticals, there has been a crime committed and YOU are either the suspect, or, the police suggest, a witness. (And, thirdly, the cop is a third year law student, too)>
The advice is exactly what any lawyer would give. Don't talk! If I got a call from a client at night, I'd say that, too. The professor is telling these young would-be lawyers to give this advice to a client. Again, he's absolutely right.
BUT, to take it out of law school and onto the streets, a parking lot or your home, maybe not the best course of action.
Massad Ayoob, I think, has gotten it right (he's evolved over the years to this position). If you are involved in a shooting, perhaps you'd want to make sure (1) the cops know you are NOT denying your involvement and (2) you will be glad to give them a complete statement as soon as you can collect yourself and contact your lawyer. You may even remind them, very gently, that THEY always have a lawyer present when they talk about their shootings. (3) is that you probably want to say something to the effect that the guy assuming room temperature was trying to kill you, burglarize your home or... and (4) make sure they see any physical evidence (his gun, knife, the kicked in door, etc.) that helps show what he was up to. Lastly, you should make sure they know about any witnesses who saw some or all of (or maybe heard) the incident (not every one wants to become involved and someone who could support your version might just walk away).
BTW, what the professor failed to tell the class is that when you get that call at night, you don't JUST tell the client not to talk, you tell the client to tell the police that your lawyer is on the way down to wherever you are and you want to confer with him before making any decisions.
But, all in all, the video is okay for what it is and for whom it is intended.
Just invoke your rights, get an attorney and tell the police you will be happy to give them a statement later. Unless you are the shi*bag. Then you probably will never talk to them, on the advise of your attorney, and then go to prison.
I take Masaad Ayoob with a double grain dose of salt. he writes a lot, talks a lot but he (in my opinion) comes off as a "wanna be" cop who never was. I think he may have been a reserve or an "honorary" part time cop in a tiny town in New Hampshire. Those than can....do, those that can't.....teach. But then again I'm biased against wanna-be's.
I don't quote him (Ayoob) because of his LE experience ( he's a "Reserve Captain"-whatever that is-in a very small town). But, he has compiled a pretty impressive library of cases involving the use of deadly force and the consequences following.
Several of the cases were ones in which the shooter, who apparently was the good guy, failed to give the cops enough information to reach the right conclusion, preserve certain evidence or led them to believe he was denying being involved (which made him a liar to them as they could prove he was the shooter).
I think what he says makes sense. Having investigated many shootings, I have no trouble with a shooter telling me he will talk later when he gets his lawyer. What can be a problem is the person who simply says he won't talk without an attorney, doesn't have one, doesn't get one, and thinks it will all go away because we will get tired of waiting. All that accomplishes is to make us think, "Hey, did we miss something here? Let's look closer at the shooter and his background."
I think that the police are going to "look closely at the shooter" whether he says anything or not, with or without a lawyer. Even with a lawyer present, the shooter is simply giving the prosecution things (words) which they can use later to prove some evil intent or state of mind. Even if it doesn't lead to a conviction in CRIMINAL court, your words can be used against you in the civil case that is likely to follow.
I'm not a lawyer and I didn't sleep at a Holiday Inn Express last night, but I don't see the point in saying anything more than "I was afraid for my life (or the life of the person being beaten/assaulted/robbed)" and let it go at that. Anything more and you are just giving them rope to hang you with.
I see your point. My experience is that cops don't want to charge you if you are not the bad guy. But, I understand others have different experiences. My perspective is (1) being in Florida which is pretty gun-friendly (2) having been a cop and (3) having retired as a career Prosecutor.
I want to make sure that my point of view is known to the cops from the earliest moment. Of course, I don't plan on being in any shootings (other than killing those little orange thingies at the Dixie).
>>>"My experience is that cops don't want to charge you if you are not the bad guy."<<<
It all depends upon a person's perspective on who the "bad guy" is. For some cops and prosecutors, a person who uses a gun is a "bad guy". Some of them are looking to make arrests and get convictions, not exonerate people.
Also, there can often be a fine line between "self defense" and "retaliation" for a crime. For example, a thug pulls a knife on you and demands your wallet. You hand him your wallet and as he slowly backs away, you pull your gun and shoot him (fatally).
In some jurisdictions, you are given congratulations for ridding the streets of scum. In other jurisdictions, you may be given 20 years to life in the slammer for shooting someone who was apparently guilty of nothing worse than taking a few dollars from you.
What you say, or DON'T say immediately following the shooting may decide whether you are congratulated or sent to prison. That's reason enough, IMO, to talk it over with your lawyer before going into details about the incident with the cops or investigators that you encounter in the minutes/hours immediately following the shooting.
If necessary, I would rather spend the night in jail for appearing to be uncooperative with the cops, than say something I shouldn't have said and have to spend 20 years in prison because of my failure to get legal advice before running off at the mouth.
My experience is that cops are always right and everyone else is wrong. They have never helped convict an innocent person. There are no innocent people in prison. Always talk to the police. At length. If they ask you to write something, do it. Remember even if you're guilty, you can easily fool the police. But seriously, I liked the video. Watched it in its entirety.
If you have a permit or not and have to shoot a bad guy you had better listen to what this guy says. During the interview you will make a mistake to a cop who is anti gun. More officers than not believe they should be the only ones with guns.