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Competition, Tactics & Training
Self Defense & Handgun Carry
The Importance of Pistol Caliber in Home Defense
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<blockquote data-quote="Tanis143" data-source="post: 3771841" data-attributes="member: 43724"><p>And again, incorrect. You, along with PBramble are not looking at the difference between a criminal case and a civil case. Remember, in a criminal court you have to be found guilty <strong>beyond a shadow of a doubt</strong>. Just because a DA doesn't pursue charges does not mean the act was justified, they just may not have enough evidence to guarantee a conviction. The threshold in a civil court is much different and requires less evidence to rule for the plaintiff. </p><p></p><p>This is exactly why section H of 1289.25 of the SDA exists. Simply not getting charged by the DA does not mean you won't or can't get sued in a civil court. Even IF a DA said it was justified, that is not a judgement by a court and you can STILL get sued. Until a judge rules your act as justified, you can be sued.</p></blockquote><p></p>
[QUOTE="Tanis143, post: 3771841, member: 43724"] And again, incorrect. You, along with PBramble are not looking at the difference between a criminal case and a civil case. Remember, in a criminal court you have to be found guilty [B]beyond a shadow of a doubt[/B]. Just because a DA doesn't pursue charges does not mean the act was justified, they just may not have enough evidence to guarantee a conviction. The threshold in a civil court is much different and requires less evidence to rule for the plaintiff. This is exactly why section H of 1289.25 of the SDA exists. Simply not getting charged by the DA does not mean you won't or can't get sued in a civil court. Even IF a DA said it was justified, that is not a judgement by a court and you can STILL get sued. Until a judge rules your act as justified, you can be sued. [/QUOTE]
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