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.
(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.