Firearms Owners Against Crime
Institute for Legal, Legislative and Educational Action
Institute for Legal, Legislative and Educational Action
I first read about an Oklahoma bill that’s been introduced in a middle of the night forward from a contact. Kyle’s Law is positioned to not only protect law abiding citizens, but it could also pave the way for a complete overhaul of our criminal justice system. Over at one of Bearing Arms’ sister site PJ Media, colleague Victoria Taft cites work by Attorney Andrew Branca, author of The Law of Self Defense Principles. The page referenced is advocation of a very compelling concept. This concept is already seeing traction on some state levels.
As we’ve seen in the George Zimmerman and Kyle Rittenhouse cases, there has always been overwhelming evidence that the shootings involved occurred in self-defense. But Branca, writing over at his Law of Self Defense website says that the legal process has been weaponized and that it’s unethical, but there’s no downside for prosecutors. They still earn their political stripes for at least smearing the unpopular defendant even if a jury finds him not guilty.
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.
Branca proposes Kyle’s Law to force the state and prosecutor to personally be on the line if the case brought is what Branca calls “laughably weak.” He also wants to make probable cause hearings meaningful again by requiring the state to demonstrate it has enough evidence to bring the case to trial. He wants to make it possible to sue the cop who made up stuff on charging documents, forever besmirching the name of the defendant, as well.
Clearly this idea is not foreign, as many are thinking it up. From a press release, we can learn that State Senator Nathan Dahm from Oklahoma introduced Senate Bill 1120 Kyle’s Law on November 23rd. The bill intends to do pretty close to what Branca proposes on his website. The focus would be on the prosecutors. From the press release:
Sen. Nathan Dahm, R-Broken Arrow, has filed legislation to ensure Oklahomans who use self-defense won’t have to face trial for political reasons. If the measure becomes law, victims of malicious prosecution would be able to receive compensation for expenses and damages. Dahm filed Senate Bill 1120, called Kyle’s Law, on Tuesday.
Kyle Rittenhouse was recently acquitted of all charges in the deaths of two men and the wounding of a third during a protest in Kenosha, Wisconsin in 2020. Rittenhouse had claimed self-defense in the shootings.
The Senator covered in the release the process of what Rittenhouse went through and how it was faulty from day one.
“Kyle Rittenhouse should never have been charged. The video evidence from early on showed it was lawful self-defense,” Dahm said. “It is our duty to protect the rights of the people we represent, and the right to self-defense is paramount. This bill will ensure that what happened to Kyle Rittenhouse cannot happen to the people of Oklahoma.”
The full text of the bill is not yet available, however the following is noted about the intent should SB 1120 become law:
Under Dahm’s legislation, if a person is charged with murder but is found not guilty due to justifiable homicide, the state would have to reimburse the defendant for all reasonable costs, including loss of wages, legal fees incurred, and other expenses involved in their defense. When a homicide is determined to be justified and the accused establishes that they had sustained injury due to malicious prosecution, then that person will be awarded “fair and just compensation.”
This certainly would make things a bit easier for people like Rittenhouse, whom have been wrapped up in a media circus hit parade, in addition to dealing with weak (at best) prosecution. Whether or not there’s “something” going on in the United States with our prosecutors is a whole other matter. However, if there is “something” going on under our noses, a law like this will help bring more of the power back to the people. There’s no denying that we’re dealing with questionable practices across the nation in the way of the revolving door justice system and situations involving bail. Are the coordinated situations though? Or just a bad string of shoddy prosecutors and judges? Didn’t a rather high profile domestic terror attack just occur after after an alleged violent offender was recently released on $1000 bail? If that situation does not highlight some of the issues we’re facing with our criminal justice system, I don’t know what will. Maybe the proliferation of looting – are we still allowed to say looting? – that’s been going on in the form of flash mobs, can speak to this broken system?
What’s going on is the creation of mayhem at every level and laws like Kyle’s Law will help level the playing field. This could be a step in the right direction, especially if you see what else the bill’s details include.
SB 1120 further states that in order to support a claim of malicious prosecution, the claimant must establish that the prosecution was instituted or instigated by the prosecutor and was without probable cause; that the prosecution had legally and finally been terminated in favor of the claimant; and that as a result of the criminal prosecution, the claimant sustained injury.
Malice may be established if the motive for the prosecution was something other than a desire to bring an offender to justice, or that it was one with ill will or hatred, or willfully done in a wanton or oppressive manner and in conscious disregard of the claimant’s rights. Under the legislation, a prosecutor may be held personally liable to a claimant if malicious prosecution is established.
Think of the implications there. Think about what other ways this could be applied to “the system”. Master Firearms Trainer, Author, NRA Board Member, and Friend Anthony Colandro often says on his Gun For Hire Radio Podcast
We need to start judging the judges.
It’s high time that we hold accountable activists in the criminal justice system. The prosecutors and judges don’t have to live amongst the violent criminals they don’t prosecute and release. Colandro has suggested more than once that the
…judges take the criminals into their homes and have them live with them with their daughters and family members. I bet they’d change their ways then.
Further, they clearly they don’t care about the lives they ruin when trying to convict innocents on mopery or justified self-defense. It’s all about creating chaos and making people think twice about defending themselves during a violent encounter.
What will happen with Kyle’s Law in Oklahoma has yet to be determined. Whether this bill or Branca’s advocation of laws similar to it will create a wave across the country of holding prosecutors and eventually, I’ll add, judges responsible for maleficence is also unknown. At least the dialog has been started. People see a problem and these initiatives are a very good starting point to reclaiming our country from rogue players marching to someone else’s tune. It’s more than obvious those bad actors in our judicial system are not marching to the tune of law. Is that coincidence or collaborative?