Kyle’s Law: How To Stop Abusive Politically-Motivated Prosecutions In Self-Defense Cases

[Elderberry]

Legal Insurrection by Andrew Branca November 28, 2021

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.

We’ve seen this happen in the George Zimmerman trial in Florida a decade ago, in the Kyle Rittenhouse trial just completed in Kenosha WI, and in plenty of cases in between.

These are cases where there is little or no evidence inconsistent with self-defense, such that there can be no good-faith reason for a prosecutor to drag that defender to trial.  The only motivation of the prosecutor is personal aggrandizement and political capital.

https://player.vimeo.com/video/647954137?h=64633dfb40

he 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.

More: https://legalinsurrection.com/2021/11/kyles-law-how-to-stop-abusive-politically-motivated-prosecutions-in-self-defense-cases/

[HoustonSam]

How does this idea differ from a repeal of sovereign immunity?

[skeeter]

How does this idea differ from a repeal of sovereign immunity?

Federal Tort Claims Act has already set the precedent for this proposal.

[DefiantMassRINO]

Kyle and the protesters went to Kenosha to find trouble, and they did.

It was the failure of local and state government to maintain and enforce order that allowed the mob to run amuck. 

It is this repeated failure of civil authorities to maintain peace and order that leads many private citizens to own firearms for self-protection.

[skeeter]

Kyle and the protesters went to Kenosha to find trouble, and they did.

It was the failure of local and state government to maintain and enforce order that allowed the mob to run amuck. 

It is this repeated failure of civil authorities to maintain peace and order that leads many private citizens to own firearms for self-protection.

Why post the pics? Those Koreans and the LA mobs were just looking for trouble.

[DefiantMassRINO]

The 1992 LA Riots were a prime example of civil government abdicating its responsibility to maintain peace and order.

It was these riots that inspired another generation to arm themselves for fear that government would not protect them.

[skeeter]

The 1992 LA Riots were a prime example of civil government abdicating its responsibility to maintain peace and order.

It was these riots that inspired another generation to arm themselves for fear that government would not protect them.

So was Rittenhouse "looking for trouble" or was he rightfully protecting property?

[LMAO]

So was Rittenhouse "looking for trouble" or was he rightfully protecting property?

It’s a stretch to say he was looking for trouble. But he did put himself in a position were he was forced to use lethal means to defend himself

[skeeter]

It’s a stretch to say he was looking for trouble. But he did put himself in a position were he was forced to use lethal means to defend himself

Yes. If it ever becomes necessary I hope I would be willing to, also.

[DefiantMassRINO]

Kyle is not innocent, but not guilty enough to be convicted.  Kyle would not have needed to defend himself if civil authorities had maintained order.