Posted on 11/26/2021 7:23:47 AM PST by DoodleBob
OKLAHOMA CITY (KFOR) – One Oklahoma Senator has filed legislation, called Kyle’s Law, to compensate defendants for ‘malicious prosecution’, following the trial of Kyle Rittenhouse.
Sen. Nathan Dahm, R-Broken Arrow, today filed Senate Bill 1120.
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.
Dahm says this bill was inspired by the recent trial of Kyle Rittenhouse.
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.
“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.”
SB 1120 says 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 the claimant sustained injury as a result of the criminal prosecution.
Dahm says 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.
KFOR has sent this proposal to a metro District Attorney for possible comment and have not heard back at this time.
I’m not a racist person. I support the BLM movement. I support peacefully demonstrating. And I believe there needs to be change, I believe there’s a lot of prosecutorial misconduct, not just in my case, but in other cases. And it’s just amazing to see how much a prosecutor can take advantage of somebody. If they did this to me, imagine what they could have done to a person of color who doesn’t maybe have the resources I do or is not widely publicized like my case.
And yesterday, there was a story about the clearing of a man who spent 16 years in prison on rape charges in which the current DA said that "prosecution was an injustice".
I hope "Kyle's Law" sweeps the nation.
Ping
ARE THEY DOING ANYTHING TO THE PROSECUTOR???
He should get the Nifong treatment.
The problem is that live will use this to go after non-Soros DAs.
Soros DAs will use it as an excuse to drop prosecutions.
The laws are there already about malicious prosecution and self defense. Just need to be applied. Binger should be lose his license for the actions at the trial.
Also the central irony of the case is that it had progs rooting for the police and prosecution hoping someone would go to jail. Conservatives realized prosecutors have a ton of power and lie.
“I hope “Kyle’s Law” sweeps the nation.”
Me too! This would be fantastic! In absolutely no way should the lying, deception, withholding, or entering false or tampered evidence be allowed to go unpunished.
check
This guy is running for Senate. He’s the real deal but may be a target for progressive ridicule.
Other countries have laws that say, if the defendant is found not guilty or otherwise wins the suit, the plaintiff must pay all reasonable costs associated with their defense. What do you think would happen to the “court clog” that currently exists?
“ Also the central irony of the case is that it had progs rooting for the police and prosecution hoping someone would go to jail. Conservatives realized prosecutors have a ton of power and lie.”
But will anyone learn from that? Time will tell…
Just make malicious prosecution criminal and or restrain government. Citizen payouts don't help things.
Fired, disbarred, and sued into oblivion.
The prosecutor has absolute immunity.
There was a guy in North Carolina just released because of prosecution misconduct that has been in prison for 40 years. There is no amount of money that can make up for 40 years of lost living.
Absolute?
Ask the prosecutor in the Duke “rape” case about that.
Nice OK is doingg that, bit its NY, NJ, CA, and MN where your real problems are.
Nifong suborned perjury and committed other crimes. It’s hard to establish malice or motivation, but when the prosecutor coaches witnesses to lie, and it can be proven, motive is irrelevant. I am hesitant to remove immunity from prosecutors, because under this law, OJ could have sued the prosecutors. Say what you will about the lawyering in the OJ case, they slam-dunk proved his guilt, he was let off by a racially motivated jury. Get another racially motivated jury to prosecute the prosecutors, and see where we wind up.
And charged, tried, convicted, and sentenced to prison for malicious prosecution.
Not to mention DC and the traitorous kakistocrats in the Department of Injustice.
Not that this will pass but it should. Prosecutors suck, ignore evidence, collude with other. The Judges know this but close their eyes. People should be disbarred, right Jame?
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