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by srothstein
Sun May 31, 2009 7:47 pm
Forum: General Texas CHL Discussion
Topic: SA Pharmacist Shoots Would-be Robber
Replies: 12
Views: 2315

Re: SA Pharmacist Shoots Would-be Robber

casingpoint wrote:
the FBI's opinion probably doesn't mean much
The FBI's opinion has a hidden meaning highly relevant in some self defense cases. Decisions of whether homicides are justifiable or not, is, of course up to the states. A blue chip government agency, expertised in criminology, namely the FBI, is of the opinion that the life of a person is in danger or he or she may be greatly harmed during the commission of some felony crimes. It goes almost without saying that the testimony of an FBI agent to the above will carry great weight in the courtroom in favor of a defendant in establishing his or her legal justification for self defense.
Actually, the opinion of the FBI in cases like this is not even legal advice. It is merely advice on how to report cases under the uniform crime reporting system. The UCR system recognizes that each state has different crimes and different definitions. In order to get some uniformity so the statistics mean something, the FBI defines their crimes for UCR. For example, one of the UCR crimes is still rape, even though Texas has no such crime. If we reported all of our sexual assault cases as rape, it would skew the statistics. So, the FBI has a definition of rape it gives out for reporting whatever the state called the incident.

In the case of homicides, the FBI defines what it considers murder, manslaughter, justifiable homicide, etc., so that it can get some uniformity between states.

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