Posted on 02/28/2023 4:32:32 AM PST by marktwain
Ideally, the process of the judicial system would be free or cheap and painless. Unfortunately, it is expensive and painful, with long delays, expensive lawyer fees, and much uncertainty. The process of the judicial system has become a punishment in itself.
A bill which would help alleviate punishment by process in self defense cases in North Dakota, has passed the North Dakota House by 50 to 40 on January 20, 2023. The bill, HB 1213, would allow a judge to provide reinbursement of costs to people who are prosecuted by the State for self defense, and are then found not guilty. From minotdailynews.com:
A rally of opposition by North Dakota’s state’s attorneys came too late for a House bill that would provide financial reimbursement to assault or murder defendants who are acquitted on self defense.
Ward County State’s Attorney Roza Larson, president of the North Dakota State’s Attorney’s Association, said the association will be working in the North Dakota Senate to defeat the bill, which passed the House 50-40 on Jan. 20.
The relevant text of the bill HB 1213, from ndlegis.gov:
SECTION 1. A new section to chapter 12.1-05 of the North Dakota Century Code is created and enacted as follows:
Crime of violence – Self-defense – Reimbursement.
1.As used in this section, “crime of violence” means a violation of state law in which an individual causes death or physical bodily injury to another individual. The term includes assault and murder.
2.If an individual charged with a crime of violence is found not guilty due to the justification of self-defense, the court may order the state to reimburse the defendant for all reasonable costs incurred in defense, including loss of wages and time, attorney’s fees, and other expenses involved in the defense. The reimbursement is not an independent cause of action.
(Excerpt) Read more at ammoland.com ...
I would argue it's the larger part of the criminal justice system. The deterrent factor is significant, but generally ineffective against criminals. It punishes the honest citizen that gets sucked up by the machine.
Change 'may' to 'shall' and you've got a deal.
I wholeheartedly agree with you. It's the fear of being bankrupted by defending oneself against a state with unlimited resources is what causes so many innocent people to take a plea deal.
I propose a Federal Law that says in Federal cases the Defense is given the same amount of money as the prosecution receives during a case. Taken out of the DOJ budget.
My Daddy used to say “We should pay these people bounty and buy them more bullets.”
Absolutely. The smug police line, “You can beat the rap but you can’t beat the ride” shows the arrogance and power-madness of being able to act with impunity. Make it hurt to be arrogant. Make prosecutors (I am one and have been off and on for 37 years) have to think hard about what “beyond a reasonable doubt” means. The more senior I got in the JAG Corps, the more vehement I became that nobody should be allowed to be a chief of military Justice until he/she had been a defense counsel.
Colonel;, USAF JAGCR (Ret)
In case it isn’t passed into law, or/and, for the rest of us working slaves in the other 49 states...
https://www.usconcealedcarry.com/
Better than nothing
The so-called justice system in this country needs a lot of reforming and a mess of defunding. There are way too many so-called “judges” and “lawyers” here.
Criminal trials should be held in the afternoon unless defense counsel or the defendant requests otherwise.
In this way, a defendant can hire counsel for a day rather for months.
Agreed.
Add one more thing, Prosecutors shall be held personally liable for ALL reimbursements to the defendant.
Make those FOOLS pay out of their OWN POCKETS!!!!
That is the kind of “catch” worthy of one schooled in legalese used to snooker the public and other Legislators on how to leave government with a weasel clause when they are the problem.
I’m sure there is a more succinct way of writing my point, but you get the idea.
Lawyers, guns, and money
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