KYLE'S LAW

[Paladin]

STOP POLITICALLY MOTIVATED PROSECUTIONS OF SELF-DEFENSE: KYLE'S LAW

I recall this being discussed, but it we want to maintain our rights to self defense this is a fantastic idea

[seph]

I support the concept, but they call it something else. I'm so tired of naming bills / laws after people instead of what the bills / laws actually do. It is overused on the left and we should not emulate them.

Maybe prosecutor accountability law?

[oljames3]

Attorney Andrew Branca discusses Kyle's Law.
https://lawofselfdefense.com/kyles-law- ... f-defense/

KYLE’S LAW: Stopping Politically Motivated Prosecutions of Self-Defense
By Attorney Andrew Branca / November 19, 2021

[chasfm11]

Perhaps I'm the odd man out on this but I never saw Kyle's situation as much from a self-defense perspective as from a political one. The DA was less concerned about whether or not Kyle was being attacked than he was about Kyle showing up to be resistance to the BLM riot. In that, there is a lot more commonality with the Canadian truckers that standard defensive shooting situation. The commandment is "Thou shall not oppose the will of the State" and those who violate that commandment will have the legal system twisted to punish them. Rogue prosecutors are no more interested in the law that the convicted Felon on the street with a gun in his pants. It is a means to an end. Pass all the laws that you want - they are going to find a way to do what they want. The financial penalties in this proposal might provide some deterrence but I'm confident that some other legal avenue will be found to punish the dissidents..

[Diesel42]

What Chasfm11 said is truth. I don't know how to "LIKE" someone's post.


"Perhaps I'm the odd man out on this but I never saw Kyle's situation as much from a self-defense perspective as from a political one. The DA was less concerned about whether or not Kyle was being attacked than he was about Kyle showing up to be resistance to the BLM riot. In that, there is a lot more commonality with the Canadian truckers that standard defensive shooting situation. The commandment is "Thou shall not oppose the will of the State" and those who violate that commandment will have the legal system twisted to punish them. Rogue prosecutors are no more interested in the law that the convicted Felon on the street with a gun in his pants. It is a means to an end. Pass all the laws that you want - they are going to find a way to do what they want. The financial penalties in this proposal might provide some deterrence but I'm confident that some other legal avenue will be found to punish the dissidents."

[Paladin]

I don't think the law will stop all malicious prosecutions, but it would help us and hurt malicious prosecutors... so I think we should do it.

[Acronym Esq]

Perhaps I'm the odd man out on this but I never saw Kyle's situation as much from a self-defense perspective as from a political one. The DA was less concerned about whether or not Kyle was being attacked than he was about Kyle showing up to be resistance to the BLM riot... Pass all the laws that you want ... some other legal avenue will be found to punish the dissidents.

The determination to take a case to trial is complicated and difficult, so our criminal system delegates to a single person. The Texas Penal code directs the prosecutor to "see that justice is done" and relies on her discretion. It is effectively a "do the right thing" law with enforcement through executive bully pulpit, ethics disqualifications, bar association sanctions, media scrutiny, and the ballot box.

Civil courts handle "do the right thing" all the time. It's messy. It's time consuming. It's limiting to low value cases. It's still open to abuse.

This legislation proposes to add a complicated civil enforcement layer on top of the criminal process. Same judge and fact finder for some of it and new judge and fact finder for other considerations?

I share frustration with prosecutor's abuse of discretion. This doesn't seem like the right fix.

acronym 2/23/2022 8:33 AM

[rtschl]

Courts including DA are supposed to be apolitical. But those days are long gone from leftists. I would be in favor of some process to remove qualified immunity from DA's AND judges when their actions are malicious or egregious. They need to have skin in the game, both legally and financially, and be held responsible without a burdensome process on a defendant that could cost him or her hundreds of thousands and lose everything they own.

I do not know how to do that where it is fair to al and not subject to abuse, but the abuse from DA's is getting really bad in some jurisdictions and something needs to be done.