Biff_Poindexter
Diamond Member
St. Louis Lawyer Who Pointed Gun at Black Lives Matter Protesters Endorses Missouri Senate Bill 666, Dubbed the 'Make Murder Legal Act'
Mark McCloskey, an attorney and pardonee-turned-Senate candidate, is leveraging his gun-hero status to support a Missouri bill nicknamed the "Make Murder Legal Act" by its opponents. The legislation, which happens to be numbered S.B. 666, is a Republican-driven effort to upend one of the most...
lawandcrime.com
"Mark McCloskey, an attorney and pardonee-turned-Senate candidate, is leveraging his gun-hero status to support a Missouri bill nicknamed the “Make Murder Legal Act” by its opponents. The legislation, which happens to be numbered S.B. 666, is a Republican-driven effort to upend one of the most standard procedures in criminal law and to expand Missouri’s “Castle Doctrine.” S.B. 666 changes the burden of proof for self defense. “Under current law, the defendant has the burden to prove he or she reasonably believed physical or deadly force was necessary to protect him or herself or a third person.” This is about as standard as it gets. And not just for self defense, either.
Supporters of S.B. 666, however, seeks to alter those longstanding rules as follows: it “provides that there shall be a presumption of reasonableness that the defendant believed such force was necessary to defend him or herself or a third person.” A “presumption of reasonableness” means a switching of roles: an accused murderer, for example, would be automatically presumed to have acted in reasonable self defense. The law essentially adds entirely new elements to crimes and thus lengthens the list of what prosecutors must prove."
This is a great move by Republicans in Missouri and hopefully it will be modeled nationwide..Unfortunately, this law came too late for people like the McMicheals and others who failed to prove their stand-your-ground defense...if this law was in effect in Georgia, the McMicheals would not only be free, they would be celebrated as heroes and possibly running for Senate -- very much like Mr. McCloskey himself.
Another added bonus to SB:666 is that it prevents police from even arresting certain offenders. Now when police come to a scene of shooting; they must presume that the shooting was self defense; if they decide to arrest the shooter without being able to really show that the shooter didn't act in self-defense; they leave themselves open to wrongful arrest. This also would have worked out great for not just the McMicheals but also for the prosecutor who got in legal trouble for convincing the cops to not arrest them...with this new law, it would had been the cops in legal trouble for arresting the McMicheals....