Your thoughtful reply is much appreciated.
I understand your “generic/media” usage of SYG but since there’s a commission evaluating changes to the law I believe its critical to understand the law itself.
You do raise some interesting questions in cases of no arrest/prosecution. Is the guy forever at risk of prosecution?
Still, even without the SYG law, even if a defendant is arrested, moving to trial is within the discretion of the state attorney. If he is corrupt, any case can be ignored or charges dismissed.
It may be that the SYG Commission should consider your views on the unpredictability of situations involving failure to prosecute and perhaps allow basically a declaratory judgment action by the defendant or anyone to resolve the need for a resolution to the case.
I definitely agree that if someone is shot or killed that some form of hearing should be required to resolve whether the self defense claim was valid.
Please note, for ANY concealed carry types, if you are forced to draw your weapon you are subject to arrest for aggravated assault and even though no shot is fired you can face 3 years in state prison without opportunity for parole or time off for good behavior for every count. Mandatory sentencing.
You might want to stand your ground for the SYG law even if it needs improvement its better than things were before its passage.
You are most welcome. I appreciate your thoughtful reply also.
When I’ve brought up such concerns in the past I’ve been accused of being anti-gun, pro-criminal, etc.
I believe that anytime a human being is killed, at minimum we should show sufficient respect for a human life as to hold a legal hearing to determine what happened, not leaving it up to some guy sitting in an office making a decision whether to prosecute.
Under common law, if I understand correctly, a coroner’s inquest was held for every unusual or suspicious death, which produced a report as to the facts of the case but without criminal law implications.
Such inquests have largely disappeared in America. I think something similar should be revived.
I quite agree the SYG is probably an improvement on the previous situation, but that doesn’t mean it’s perfect.