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The
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AZ: Legislators seek to ease claims of self-defense
Submitted by:
Mark A. Taff
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PHOENIX — State lawmakers are working to overturn one man's murder conviction and make it easier for a Tucson man facing similar charges to escape prosecution — all in the name of self-defense.
The Senate Judiciary Committee is to consider legislation today to retroactively add language to a change in a self-defense law approved last year. The new wording would say last year's law applies to any case that had not yet gone to the jury. |
| Comment by:
Asc
(2/6/2007)
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Arizona is supposed to be a pro-gun, pro-self-defense state. These cases should not have gone to trial even if that new "stand your ground" law did not go into effect.
Prosecutors need to remember that their job is to promote justice, not to make every criminal defendant go to prison no matter what. Of course, they would give some crap answer about how they have to prosecute all offenses... but that falls short if one considers the scores of cases where there was actual proven criminal intent where these same prosecutors declined to prosecute.
At any rate, cases like these are an answer to those antis who have said that stand your ground laws are not needed because no one who shot in self defense was being prosecuted under the old laws. |
| Comment by:
Virginian
(2/6/2007)
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One other thing that I find chilling in this article is this quote:
Rick Unklesbay, Pima County's chief criminal deputy county attorney, agreed.
"If the Legislature had wanted to make it retroactive, they had the ability to do that...''
"Our position is they should leave it up to the courts … and not try to fix it after they have seen how their law is applied."
This is nothing but an attempt from the prosecutor, and Courts, to seize legislative power through "interpretation". To then claim that the Legislature has no right (if not duty) to remedial correction is preposterous.
In my view Mr. Unklesbay's pursuit of this concept renders him unfit for public service. His role is to follow the intent of the Legislature, not dictate it. |
| Comment by:
info@GunShowOnTheNet.com
(2/6/2007)
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| The good news from AZ. Is that the recent P.O.S. legislation submitted by the wacked out nympho liberal was just shot down.... |
| Comment by:
tkampert@cox.net
(2/6/2007)
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| ONe of the prosecutors stated that he didn't think that the legislature had the right to make a law that was retroactive....Well, Mr. Prosecutor, how about the Lautenberg amendment that takes away 2nd amendment rights for domestic violence acts commited years before the law existed. If you're so hot on retroactive law, maybe you need to address THAT one too. |
| Comment by:
RealAmerican
(2/6/2007)
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Info -
I assume you are referring to the Green party bimbo that wanted to make the Minutemen into terrorists? . . . hadn't heard that it was knocked down(!) . . . |
| Comment by:
Tdoff
(2/7/2007)
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What's wrong with this picture?
"And Lessler would get another chance to convict Fish, albeit this time with him having to disprove Fish's claim that he acted in self-defense."
In other words; Lessler would have to prove Fish guilty instead of Fish having to prove himself innocent. Ya gotta love the media's way with words.
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| Comment by:
none@none.com
(2/7/2007)
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"Arizona is supposed to be a pro-gun, pro-self-defense state."
getting heavily infiltrated by rich california liberals..up here in seattle I heard a realtor say he's seeing about 500 californians a month moving here "after they've sold multimillion dollar properties...this is what is keeping home prices still rising as purchases go down."
"The law was changed effective April 24, 2006, to put the burden instead on prosecutors to prove a defendant did not act in self-defense.
That was before Fish's trial started. But the judge said Fish could not avail himself of the new law — a law that defense attorney M. McDonald said would have resulted in his client's acquittal. His conviction now is on appeal."
wrong place, wrong time--suxx |
| Comment by:
lostone1413@yahoo.com
(2/7/2007)
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| Your so right none@none com. Along with Ca. I can add to the list. The people from Illinois and the people from the East Cost they to are destroying AZ. I live about 10 min from Sedona. The people from Ca and out East have taken over Sedona. Talking to some friends up in Flagstaf they say it is the same their to. I for one look at the ones moving in as a way bigger threat to the life here then the Illegals are |
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| QUOTES
TO REMEMBER |
| By calling attention to a well-regulated militia for the security of the Nation, and the right of each citizen to keep and bear arms, our Founding Fathers recognized the essentially civilian nature of our economy. Although it is extremely unlikely that the fears of governmental tyranny, which gave rise to the second amendment, will ever be a major danger to our Nation, the amendment still remains an important declaration of our basic military-civilian relationships, in which every citizen must be ready to participate in the defense of the country. For that reason I believe the second amendment will always be important. --JOHN F. KENNEDY |
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