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View Full Version : Kyle's Law - stopping politically motivated prosecutions of self-defense.



RoyGBiv
02-23-2022, 09:03 AM
Kyle's Law - stopping politically motivated prosecutions of self-defense.
(acknowledging: the source is not universally popular)
Apparently, there's a bill filed in Oklahoma. LINK (https://oksenate.gov/press-releases/sen-dahm-files-kyles-law).

https://losd.ubpages.com/kyleslaw/


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.

HCM
02-23-2022, 09:58 AM
Kyle's Law - stopping politically motivated prosecutions of self-defense.
(acknowledging: the source is not universally popular)
Apparently, there's a bill filed in Oklahoma. LINK (https://oksenate.gov/press-releases/sen-dahm-files-kyles-law).

https://losd.ubpages.com/kyleslaw/

Sorry but this is another “feel good bullshit” bill filed, at best, as a political statement.

Just like the “Texas made suppressors” nonsense. It’s just a chance for some politician that leans right to say yay look at me. At least this Oklahoma self-defense bill doesn’t set their constituents up for a felony….

You can file what ever bill you want but even if it passed the legislature and was signed into law it would never survive a court challenge. Sovereign immunity is a well established tenet of common law.

Plus what does “the prosecutor personally” mean ? The elected district attorney? The actual prosecutor assigned to the case? Because those two are rarely the same person and one is required to work at the direction of the other.

RoyGBiv
02-23-2022, 10:31 AM
Sorry but this is another “feel good bullshit” bill filed, at best, as a political statement.

I expect you are correct....

blues
02-23-2022, 10:35 AM
I expect you are correct....

Like so much these days...all fluff, no stuff.