We can agree that the penal code applies the same.
... what your point is other than to make an argument where there is none.
If a CHL holder is being tried for shooting someone, the prosecutor would be a fool not to use the fact that the shooter has a CHL against him. He would use the fact that the shooter has had specific training in conflict resolution and the consequences of his actions if he does shoot someone that the average non CHL citizen does not have. A prosecutor would absolutely try to convince a jury that a CHL holder should be held to a higher standard and convince them that they should place more weight on his failure to peacefully resolve a conflict than someone without the same training.
Are you implying that a prosecutor would not do that?
Originally Posted by boardman
What a prosecutor or defense attorney "argues" to a jury and/or attempts to prove in any given case is not a "standard" and you won't see any jury instructions on whether or not the defendant had CHL training or any training at all.
But since you are also an expert on criminal jury trials, I suppose your assessment can be placed along your belief that a higher standard is imposed on someone with a CHL ... let's extend that ... how about former police officer .... how about a servicemember ... how about a Boy Scout who got his "marksmanship" merit badge?
In a prosecution in a murder case (or aggravated assault case) there are a lot of factors that go into a decision by the jury, even gender and race, but those are not "standards" .... If the defendant tried to claim an "accidental shooting," then the defendant's background and experience could be relevant to the discussion regarding a potential lesser included offense.
... on a parallel note ... do you think the fact that someone has a driver's license is a "standard" in a negligence claim in an automobile accident case? Or how about a vehicular homicide criminal prosecution?
If your CHL instructor fed you that line, perhaps it was to emphasize the importance of the material and learning it, i.e. to keep the students' attention. The problem with regurgitating on here ... is others may believe it.
.. and no I'm not arguing for the sake of arguing. I think you are, and this ain't the first time.
