Presumed Innocence for Self-Defense
Self-DefenseTucson,AZ,USA
The state Senate Judiciary Committee also voted to alter state law to presume that anyone who claims he or she killed someone else in self-defense is telling the truth. It would then be up to prosecutors to prove beyond a reasonable doubt that the killing was not justified. Right now, Arizona is one of just two states that require someone who uses deadly force to prove he or she was justified. That presumption bothers Senate Majority Leader Tim Bee. “It’s extremely important that people in this country are considered innocent until proven guilty,” said Bee, a Tucson Republican. He said the current statute puts people in the position of having to prove their innocence. The 7-1 vote approving the proposal came over the objection of Ed Cook, lobbyist for the Arizona Prosecuting Attorneys Advisory Council, who said the measure is opposed by all 15 county attorneys. “It’s going to make the public more unsafe,” he said. “It’s going to extend a tactical defense, a tactical excuse to seasoned criminals who can beat the system.” The Senate bill has some overlap with the third measure, approved by the House of Representatives on Monday, to enhance the “castle doctrine” to let individuals protect their homes and cars. That measure, approved on a 36-21 vote, says a person is legally justified in using deadly physical force when someone either unlawfully or forcibly enters a residence or vehicle. But that presumption would not apply if the victim had the right to be in the home or vehicle or was the parent, grandparent or legal guardian of a child being taken from the car or house.
Why do so many people in this country nearly 50% and even more internationally have such a problem with people defending themselves? Is it lack of experience? Do they believe fleeing or restraining orders really work? Do they so distrust the average citizen, as criminally enabled just waiting for the chance to gun someone down? I just don’t understand how a basic right, personal safety, can be so repugnant to some people.
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