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I'm currently trying to put together my law school mock trial. The defense has an individual who identifies a revolver as a .38 just by seeing it in a person's pocket. Does anyone have pictures of identical looking revolvers in various calibers?

For instance a 32, 38, 44 in same or extremely similar guns.

preferably short barrels.

Thanks

Seth Ritzman

seth_ritzman@hotmail.com

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HTR, try the Smith & Wesson forums (from the top of my head www.smith-wessonforums.com) There are sooo many pics like the ones you want (comparing K-Frames for instance) in those threads over there. Pick the 1945-now forum to search. Good luck!

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HTR, try the Smith & Wesson forums (from the top of my head www.smith-wessonforums.com) There are sooo many pics like the ones you want (comparing K-Frames for instance) in those threads over there. Pick the 1945-now forum to search. Good luck!

Or... even better. Join the S&W forums and ask for pics. The guys over there are very helpful and will gladly post new pics just for you :)

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Bill's got the idea of what I want to do. The defense witness claims that a possible "suspect" other than the defendant carried a .38. The witness specifically says a .38. The victim was killed with a .38 and conviently the bullet is too smashed for any comparison. Therefore, my goal was to put various pictures of very similar guns in front of the witness to prove that by sight of a pistol you can't tell the caliber.

I'm representing the fake state of "NITA" as the prosecution. (National Institute for Trial Advocacy, I think is what it stands for)

Got another possible address on the S&W forums. It didn't work for me. Also, I did a google search and nothing came to the top.

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Keep in my this is a very fictious case. The authors of the case file try not to stack it too much one direction or the other.

There was a GSR done, however it was inconclusive. Also the recovered bullet was too smashed for comparison. No other rounds were recovered from the weapon, nor where any fired cases. The gun was recently cleaned, but then again the "shooter" had just picked it up from the gunsmith where it was being repaired and cleaned.

A few more way out of line with reality item in this fake case are: the gunsmith bill was $6.50 (I have never seen a bill that low even when the work only took 15 minutes), and the defendant can hit a dime at 100yds with a snubbie.

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the defendant can hit a dime at 100yds with a snubbie.

I'll bet the defendant would lie about other things too. :D

Get an expert witness to testify that a snubbie would not be that accurate out of a machine rest. :ph34r:

Bill Nesbitt

:blink: Yowza that's some shootn'

I bet we can get a few "experts" on this forum to file affidavits as to the true bullshit level of the statement. I'm thinking of Burkett because if you've ever seen his vids or taken a class, you know he doesn't mince words.

Better yet, take the guy to the range and make him do it. Heck, I'm not sure I could do that every shot with my 22-250.

I was on a jury of a mock trial and it was truly maddening. All hard information that would have swayed the case one way or another was conspicuously absent. The jury was a mess. All the "rational" types voted one way, all the "feeling" types vote the other (pretty much men vs women). Ughhh.

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  • 2 weeks later...

HighTech,

First, I understand that you are limited by the fact pattern, and it kind of sucks, but that is the way it goes.

The one thing that you have to consider is whether the rules of the competition allow for you to bring in outside materials. Some of the competitions will not. You may even pull a complaint from the other team that you are competing against.

Sounds like you are playing the prosecution, right? It sounds like you will be crossing a defense witness. You will have to be very careful crossing a witness especially in a competition. If this is a competition where you bring your own witnesses then these witnesses are going to be HIGHLY trained, and will not be tripped up by showing them pictures of other guns. A trained witness will most likely not say something that hurts his side. The witness will say something like he cannot “tell from THESE pictures, they are not of good quality” or “these pictures are different from real life” or “yea, I can tell the difference, can’t you.” (While he identifies the picture of the gun that is from the evidence packet). The answer does not have to make sense, they will say it just to not agree with you.

You are probably not going to get this defense witness to admit to anything that is not in their deposition/prior statement. So stick to that. Only ask questions that you can impeach the person with.

Best bet.

This is an issue for argument. Argument happens in closing. Get the witness to agree with you that he was able to tell that it was a .38 that he “thinks he saw.” Then in CLOSING pull out all the pictures of other similar looking handguns, in similar views, (in a person's pocket) and show them to the jury/judges and explain that it is not something that anyone can identify as a .38 just by looking at it.

That is my take on the topic.

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