Making the ballot, Prop 114 would limit civil suits over criminal actions(AZ)

azdailysun.com ^ | 13 September, 2012 | NA

[marktwain]

PHOENIX -- Eight years ago, a Tucson man suspected of stealing a bottle of lotion was asphyxiated by a security guard.

Now that incident -- and the legal fight over liability -- is spilling over to the ballot.

Proposition 114 would alter two provisions of the Arizona Constitution that prohibit the Legislature from limiting the right of individuals to sue for damages. The sections would remain, but with a new exception: It would not apply to someone who is injured while engaged in a felony, attempting to commit one or even fleeing.

"If someone breaks into a home and gets shot doing it, he cannot collect in a lawsuit against the homeowner unless it's done maliciously," explained Charles Heller of the Arizona Citizens Defense League.

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"Obviously, I don't think anybody committing a crime should be able to sue their victim," he said. But Campbell said the broad wording could lead to situations where a crime victim could shoot a thief in the back and be entitled to civil immunity.

Kopp, however, pointed out that the ballot measure does not provide blanket immunity but only a shield from civil suits.

"You're not saying that they can't be held criminally liable for doing something wrong," he said, especially if the action cannot be justified. "That's an entirely different proposition."

[marktwain]

The Arizona Constitution has to be amended to allow this immunity. When the Arizona Constitution was written, lawsuits of this kind would have been laughed out of court. We have lost enormous protections against civil lawsuit that existed before 1950.

[jsanders2001]

Finally some common sense. I never understood criminals suing someone that they are victimizing and it making any sense at all. If they wouldn’t have tried to burglarize someone’s home they wouldn’t have got shot in the first place. Try breaking into THEIR home and see if you dont get shot...

[Red in Blue PA]

“If someone breaks into a home and gets shot doing it, he cannot collect in a lawsuit against the homeowner,”

This should be written into the Constitution.