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OPINION:
This article contains commentary which reflects the author’s opinion


The Kyle Rittenhouse murder trial divided people in the nation, with some thinking he should have been convicted of murder and others believing he acted in self-defense, but there were others who believed he never should have been on trial to begin with.

Rittenhouse was ultimately acquitted but one Oklahoma Republican lawmaker has introduced a bill that, if it becomes law, would prevent people in the same situation as Rittenhouse from being charged and prosecuted, The Blaze reported.

Oklahoma state Sen. Nathan Dahm (R) announced on Tuesday plans to file SB 1120 to protect Oklahomans and ensure that using self-defense does not result in being criminally charged and taken to trial for “political reasons.”

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The bill, which is also called “Kyle’s law,” would permit “victims of malicious prosecution would be able to receive compensation for expenses and damages.”

The bill stipulates that defendants would be awarded “fair and just compensation” if they were charged with murder and were acquitted because they acted in self-defense.

“Sen. Nathan Dahm, R-Broken Arrow, has filed legislation to ensure Oklahomans who use self-defense won’t have to face trial for political reasons.  If the measure becomes law, victims of malicious prosecution would be able to receive compensation for expenses and damages.  Dahm filed Senate Bill 1120, called Kyle’s Law, on Tuesday,” a press release announcing the bill said.

“Kyle 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,” it said.

“Kyle Rittenhouse should never have been charged.  The video evidence from early on showed it was lawful self-defense,” the senator 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.”

It went on to say:

SB 1120 further states 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 that as a result of the criminal prosecution, the claimant sustained injury. 

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.

Former Democrat Hawaii Rep. Tulsi Gabbard said that she believes the Kenosha prosecutors should be investigated for charging Rittenhouse.

“The jury got it right—finding Rittenhouse not guilty on all charges,” she said. “The fact that charges were brought before any serious investigation is evidence that the government was motivated by politics, which itself should be considered criminal.”

But some Democrats were still furious with the verdict and one of them was New York Rep. Jerry Nadler, Fox 6 reported.

“This heartbreaking verdict is a miscarriage of justice and sets a dangerous precedent which justifies federal review by DOJ. Justice cannot tolerate armed persons crossing state lines looking for trouble while people engage in First Amendment-protected protest,” he said in a tweet.

In order for Rittenhouse to face federal charges, there are several complicated factors that could make it unlikely for federal prosecutors to pursue a case.

For most homicide cases, federal law typically only applies in crimes that specifically violate federal law. According to Shouse Law Group, a criminal justice team in Los Angeles, the crime of murder “is prosecuted in state courts as a state crime. But murder becomes a federal crime when it occurs in violation of federal law, or when it takes place on a federal land or territory.”

“The federal crime of murder is defined as the ‘unlawful killing of a human being with malice aforethought.’ In general, there are seven scenarios when an unlawful killing violates the laws of the federal government,” it said.

Article Source : Conservativebrief.com
OPINION: This article contains commentary which reflects the author’s opinion
Reminder : The purpose of the articles that you will find on this website is to EDUCATE our opinions and not to disinform or grow hate and anger!


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