Originally Posted by
vcdgrips
"I will sign a complaint against them."
In 30 year of being a serious student of the pistol which roughly corresponds to my time from Law School to date, I have not been able to determine who started using this phrase 1st-Farnam or Mas Ayoob.
The issues for me are
1. it sounds tritely rehearsed AND
2- in the vast majority of jurisdictions, the victim/witness NEVER SIGNS A DOCUMENT CALLED A COMPLAINT OR THE FUNCTIONAL EQUIVALENT THEREOF IN A CRIMINAL CASE. PERIOD. END OF SUBJECT. FULL STOP.
You might sign a written statement, a Miranda waiver, a property receipt but you are not signing a COMPLAINT. A complaint in many jurisdictions is a formal charging document setting forth the probable cause that a crime has been committed and who committed it. It is signed by a sworn law enforcement officer and a judge. A sworn affidavit by the LEO is usually attached. It is often the precursor to an indictment which is issued by a Grand Jury. As Grand Juries often meet on a regular, but not daily basis, a defendant is often charged by way of complaint and the state/govt has x days (federally 30) to present the matter to a Grand Jury.
So when you say that, you sound like you you have no idea WTF you are talking about. If you do not know what you are talking about re how the criminal case is going to proceed as evidenced by your emphatic statement of legal impossibility, what else do you not know WTF you are talking about?
Think about what you do for a living...what is your first impression of someone who tells you something that is impossible to happen in your chosen profession? The vast majority of what Mr. Farnam and Mr. Ayoob teach has real value. They are thinking men for sure. However, this trope that they trot out is simply WRONG.