If I defend myself with a Bagwell Hells Belle bowie [ legal in my state to carry ], the prosecutor does his homework and states the maker forges these with the idea they are for primarily for fighting, etc etc, what will the jury think?
Lets see, it has a handle, a long blade, a trapping guard, an edge, a point, etc etc. With the exception of a common carving knife used to cut the turkey on Thanksgiving, the only difference is the trapping guards between them.
At 2500.00+ for one of these knives, I paid that much more to get a trapping guard put on a kitchen carving knive, no more or no less as dangerous as any other kitchen knife.
I believe an atty: should be able to show the jury the difference between preparing to defend myself by having made and carrying a Bagwell Belle and taking a kitchen knife of opportunity out onto the streets.
Preparing for defense of ones person by carrying a "legal" knife is not the same as preparing to kill someone, yet the two may someday be intertwined if circumstances dictate such action.
Carrying a knife with defense in mind is no different than carrying a gun with defense in mind, or a rock, or hammer, or any number of legal unrestricted items which may be used to the same effect and results.
When all is said and done, they will invariably learn I have trained in the defense of my person with a knife for years with the best instructors I could find, have trained others in their own defense with a knife professionally, have had knives made for me with that purpose in mind which cost thousands of dollars to procure, and it becomes a moot point as to the name of the knife.
To take others thought processes further here, lets assume you have some training [ even a dojo skill where knives were introduced as a weapons platform ] in the past. Could a prosecutor then not make the case you had trained for such an event?. Could he not also attempt to show the jury that because you were trained in the use of the knife as a defensive tool, your actions were premeditated by carryig a knife at all to begin with on the streets going about your daily life?.
What the prosecutor shall bring forth with gusto as potential mindset and actions in the defedant can be shot down pretty quick by a smart atty. If you hire a dumb atty:, you get what you pay for and may just end up in prison. You may also be convicted of a crime carrying the box cutter you used as it was in your hand when the tme came to defend. Obviously a box cutter is just that, used to cut boxes and open packages, no more or less.
After 9-11, try explaining to a jury how that box cutter is not a terrorist tool which you used to injure another person.
Training in weapons like guns and knives does not make you go out and shoot or cut someone. It's premptive thinking, using forethought about possible/potential problems others experience everyday in the world at the hands of uglieness from criminals. One only needs to read the paper anywhere or watch the news to see people are killed for all manner of reason under all types of circumstances, and sometimes for no reason at all.
The criminal will arm himself with guns, knives, box cutters, etc and go out into the world to work his magic on people who are vulnerable to attack. To attempt to paint me into the same corner as that criminal because I carry a gun or knife when I go out into the world is going to be pretty hard to do with a good atty standing next to you.
Lets see, I have been LE and helped others, still a PI helping others solve their problems, have trained LE and civilians in gun, knife, stick, etc so that they may also have the knowledge to defend themselves and others, have never been convicted of a crime before [ charged but not convicted ], have no history to back up the claim by the DA I've ever been charged or convicted of a violent crime, have no history of wanton disregard for human life, have not been known to others as one who looks for trouble by placing myself in situations that dictate a probable respond physically, and I'm going to be convicted based on the fact the knife I carried [ which was legal in the jusrsidiction the act took place ] was named by a manufacturer or custom maker which I had no control over?
Lets look at the history of trials of criminals using weapons [ knives and guns ] here for a minute. Has anyone ever seen a case where the dirtbag was convicted based on the name of the weapon he carried? I haven't and I've been in quite a few courtrooms either to testify for or against another or to state facts as they were developed in an investigation.
Lets see, Rocco the dirtbag claimed self defense when he stabbed the person, but he was convicted on the basis the knife he was carrying was called "the people killer". Please show me one case where something like this has ocurred and the verdict was not based on his "actions" and not strictly the "legal" weapons name he used to commit the crime.
To put it another way, I'm not going to worry about what name the knife goes by or it's intended purpose when it was made. I'm going to worry about how my "actions" of self defense are viewed by others on the jury. My midset has already been established, I'm preparing myself through training and the best equipment to keep me alive [ just like the cops ] if and when I need to defend my person and others from potential criminal behaviour which could result in my death or disfigurement. It's that simple.
Brownie
Same type of thing on my 12 gauge, have #4 steel magnum in there, jsut a standard turkey hunting load. Fact that it also does a nasty job on any scum whho breaks into my apartment is jsut added benefit. Where possible, I always try to choose things most easily defended in court, but I won't let that limit me. If I have to defend myself, or even more importantly, my family or friendes, I'll use whatever I can/have to, and worry about the consequences later.
