2aguy
Diamond Member
- Jul 19, 2014
- 111,977
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After the unjust persecution.......that is, prosecution, of Kyle Rittenhouse....some have realized that more protection needs to be given to law abiding citizens who are targeted by left wing, anti-gun, anti-self defense, likely racist, prosecutors. As Andrew Branca points out......you can be completely innocent of any crime, having simply defended yourself from violent criminals...and yet you can still lose big when you are forced to defend your actions in court....
A "Kyle's Law," would help alleviate these attacks...
The real problem here is that these trials are a win-win for these rogue, politically motivated prosecutors. If the trial ends in a conviction, they won the legal case.
Even if the trial ends in an acquittal, however, as the George Zimmerman and Kyle Rittenhouse trials did, the prosecutor still wins, in the form of political capital and esteem from their own social and political community. They at least “fought the good fight” as their team sees it.
With a win either way there exists zero disincentives for prosecutors to bring felony charges even in self-defense cases where the evidence and law overwhelmingly favor the defendant and an actual conviction is all but impossible.
The consequences for the clearly innocent defender, however, are catastrophic no matter how strong his case of self-defense. For the lawful defender who finds himself the target of a rogue, politically motivated prosecutor, it’s a lose-lose.
Sure, the defender with the evidence and law on his side will probably win an acquittal–but at what cost? Especially with the mainstream media having demonized the defender for a year or more prior to the trial–as a murderer, a racist, a white supremacist.
An acquittal after the trial does not make up for the loss of job, marriage, home, business, reputation, educational opportunities, and emotional stability. Indeed, many such acquitted defenders find it largely impossible to ever live a normal life again.
It’s time to change this equation. It’s time to compel prosecutors to have skin in the game, to have something to lose if they bring a laughably weak, yet horribly destructive, felony prosecution in a case of self-defense. And it’s time to provide a path for the wrongfully prosecuted defender to get compensation for his monetary, reputational, and emotional damages.
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What I propose is that in every self-defense case the jury instruction on self-defense includes a special question to the jury–if you the jury are acquitting this defendant on the grounds of self-defense, do you also find that the prosecution failed to disprove self-defense by a majority of the evidence?
If the jury agrees the prosecution failed to meet even this very low threshold, the defendant is immediately entitled to compensation for any losses resulting from this unfounded prosecution.
And that compensation shall be made both by the state generally and by the prosecutor personally.
legalinsurrection.com
A "Kyle's Law," would help alleviate these attacks...
The real problem here is that these trials are a win-win for these rogue, politically motivated prosecutors. If the trial ends in a conviction, they won the legal case.
Even if the trial ends in an acquittal, however, as the George Zimmerman and Kyle Rittenhouse trials did, the prosecutor still wins, in the form of political capital and esteem from their own social and political community. They at least “fought the good fight” as their team sees it.
With a win either way there exists zero disincentives for prosecutors to bring felony charges even in self-defense cases where the evidence and law overwhelmingly favor the defendant and an actual conviction is all but impossible.
The consequences for the clearly innocent defender, however, are catastrophic no matter how strong his case of self-defense. For the lawful defender who finds himself the target of a rogue, politically motivated prosecutor, it’s a lose-lose.
Sure, the defender with the evidence and law on his side will probably win an acquittal–but at what cost? Especially with the mainstream media having demonized the defender for a year or more prior to the trial–as a murderer, a racist, a white supremacist.
An acquittal after the trial does not make up for the loss of job, marriage, home, business, reputation, educational opportunities, and emotional stability. Indeed, many such acquitted defenders find it largely impossible to ever live a normal life again.
It’s time to change this equation. It’s time to compel prosecutors to have skin in the game, to have something to lose if they bring a laughably weak, yet horribly destructive, felony prosecution in a case of self-defense. And it’s time to provide a path for the wrongfully prosecuted defender to get compensation for his monetary, reputational, and emotional damages.
=========
What I propose is that in every self-defense case the jury instruction on self-defense includes a special question to the jury–if you the jury are acquitting this defendant on the grounds of self-defense, do you also find that the prosecution failed to disprove self-defense by a majority of the evidence?
If the jury agrees the prosecution failed to meet even this very low threshold, the defendant is immediately entitled to compensation for any losses resulting from this unfounded prosecution.
And that compensation shall be made both by the state generally and by the prosecutor personally.
Kyle’s Law: How To Stop Abusive Politically-Motivated Prosecutions In Self-Defense Cases
It's time to compel prosecutors to have skin in the game, to have something to lose if they bring a laughably weak, yet horribly destructive, felony prosecution in a clear case of self-defense, like happened to Kyle Rittenhouse.
legalinsurrection.com
