More, Faster
By Mitch Berg
Idaho bill would require prosectors to reimburse people with successful self-defense claims, whom they opt to prosecute anyway:
If enacted, the legislation would require the county or prosecuting state agency where the person was charged with a crime to reimburse the defendant for “all reasonable costs” if they are found not guilty by reason of self defense. Reasonable costs would include lost wages, the costs of any lost business opportunities and legal costs including bail, expert witness fees, attorney’s bills and other expenses. The bill also includes a “safety net” to protect defendants if they are sued by victim in a self-defense case, she said.
It’s intended to provide consequences for the sort of malicious, specious prosecution of people like Kyle Rittenhouse – cases with lots of political sturm und drang but little to no actual evidence of unjustifiable homicide.
March 3rd, 2022 at 6:11 am
Yes please. Here’s hoping that we see this introduced in Minnesota next Session. On the downside, I can see a whole other court case arguing over “reasonable.”
March 3rd, 2022 at 6:30 am
Haven’t been able to confirm this, but a lawyer friend of mine tells me that Kyle Rittenhouse’s lawsuit team, in addition to his suits against media jackals, is also going through social media sites, with the intention of going after illiterate Karens like Emery and his ilk for slandering him. He says that it might be hard to go after all of them for one missive, but the more virulent and repeat posters might have a problem.
March 3rd, 2022 at 7:13 am
How about extending this law to ALL malicious prosecutions, not just self defense? How about passing laws that Judges who release criminals onto the streets be send to prison for being an accessory to a crime?
March 3rd, 2022 at 7:28 am
I think this is just a good start. Prosecutors who behve negilgently or even perniciously need to be eligible for civil lawsuits and criminal lawsuits. Until there is a consequence for this sort of behavior we will get more of it.
Many other fields professionals are held resposible for their actions – (see police officers), time for the law ‘professionals’ as well.
March 3rd, 2022 at 8:29 am
Absolutely, the process should not be the punishment.
March 3rd, 2022 at 8:50 am
I’m with JPA on this. There should be compensation for those “punished by the process”, and for that matter, if prosecutors ignore pretty obvious exonerating evidence and prosecute anyways, e.g. Mike Nifong, they should face time in the gray bar hotel as well.
March 4th, 2022 at 9:28 am
This is DOA. The tort industry’s lobby is right up there with AIPAC in untouchable territory.
Anti-SLAPP legislation crops up every few years and is always summarily slapped down.
March 4th, 2022 at 2:17 pm
On the downside, I can see a whole other court case arguing over “reasonable.”
Why would they include such an ambiguous and potentially troublesome word as “reasonable”? It should just be “all”. Remove the opportunity to shortchange the victim.