Attorney Andrew Branca

“…in cases like Rittenhouse and the Trayvon Martin case, prosecutors for personal gain have brought criminal charges which are not evidenced nor winnable and should suffer the consequences for the prosecution’s inability to disprove self-defense by a majority of the evidence.

The penalty for such a jury finding he proposes is this:

If the jury agrees the prosecution failed to meet even this very low threshold, the defendant is immediately entitled to compensation for any losses resulting from this unfounded prosecution.

And that compensation shall be made both by the state generally and by the prosecutor personally.

First, the state generally:  A self-defense defendant who qualifies under Kyle’s Law would be entitled to monetary compensation from the state for legal expenses, lost wages, and all other economic costs associated with the unjust prosecution. (Washington state already has a statute that does precisely this, §9A.16.110, but it is the only state that does. This needs to expand to every state.)

Second, the prosecutor personally: A self-defense defendant who qualifies under Kyle’s Law would be entitled to monetary compensation from the prosecutor personally for mental distress, emotional pain & suffering, lost economic/ business/educational opportunities, reputational damage, and so forth, plus any legal costs incurred to secure this compensation — and that means the suffering of both the defendant himself AND his immediate family. (No state currently has such a provision of law.)

Further, if the State seeks to reimburse the prosecutor for this damage award, that reimbursement also becomes the property of the self-defense defendant.

Only by holding the state generally and the prosecutor personally both responsible for such cases of unjust persecution of self-defense cases can we keep these victims of violent attack from also becoming victims of an assaultive justice system…”