Self-Defense: Who Has to Prove It? | Beyond the Verdict Ep. 2
Cashman Legal
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Self-Defense: Who Has to Prove It? | Beyond the Verdict Ep. 2
21 просмотр · 2 нед. назад
Cashman Legal
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21 просмотр · 2 нед. назад
Most people have self-defense exactly backwards. They think it's a claim you raise and then have to sell to a jury. In Massachusetts, once it's properly in the case, the Commonwealth has to prove you did NOT act in self-defense - beyond a reasonable doubt.
I prosecuted murder cases before I started defending them. This episode walks the line between self-defense and homicide: what the law asks, the duty to retreat, why these cases are decided on what happened before and after rather than the fight itself, and a real case that turned on a 911 call made before anything happened.
CHAPTERS
0:00 Where does self-defense end?
1:29 Part 1 - What the law actually asks
8:49 Part 2 - It was never about the fight
18:17 Part 3 - What I saw from the other chair
21:07 Part 4 - True, and still unprovable
Beyond the Verdict is the podcast from Cashman Legal - criminal defense across Massachusetts.
Website: cashman.law
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Educational commentary only. Not legal advice, and no attorney-client
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TAGS: criminal defense, self defense, burden of proof, Massachusetts
lawyer, former prosecutor, criminal law, trial, jury, duty to retreat