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An Oklahoma state lawmaker has filed a law that would hold the state accountable for “malicious prosecution” should any overzealous prosecutors try to charge a person with murder who is found to have acted in self-defense.
He’s naming the legislation, quite fittingly, “Kyle’s law” after teen Kyle Rittenhouse , who was found not guilty last week for all charges relating to an incident during riots in Kenosha, Wisconsin, last summer when he was forced to defend his life and shot three people, killing two.
Thankfully, while a jury acquitted Rittenhouse, many have noted that he never should have been charged in the first place and that it appears to have been more about politics than justice.
This is why Oklahoma state Sen. Nathan Dahm, a Republican who represents Broken Arrow, wants to ensure that his constituents never find themselves facing charges for acting in self-defense .
“Kyle Rittenhouse should never have been charged. The video evidence from early on showed it was lawful self-defense,” Dahm said, according to a news release from the Oklahoma Senate. “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.”
Senate Bill 1120, or Kyle’s Law, was filed on Tuesday to “ensure Oklahomans who use self-defense won’t have to face trial for political reasons,” the release said.
“If the measure becomes law, victims of malicious prosecution would be able to receive compensation for expenses and damages,” it said.
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Under Kyle’s Law, if a defendant accused of murder is found to have acted in reasonable, justifiable homicide, the state would be required to reimburse a “maliciously” accused defendant of all reasonable costs, such as lost wages, legal fees and any other expenses they incurred as part of their defense.
The legislation does specify that this is for defendants who feel they were wrongly prosecuted and that any untoward motive on the part of the prosecutors must be well-established.To be eligible for this compensation, the claimant must establish “that the prosecution was instituted or instigated by the […]
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