azdesertrhino
03-26-2006, 12:44 PM
One of the most important bills in the last decade, SB 1145, which restores
"innocent until proven guilty" in self-defense situations, is in jeopardy of
being gutted in the House Rules committee.
Information on SB 1145 can be found here:
http://www.azleg.gov/DocumentsForBill.asp?Bill_Number=SB1145
SB 1145 (self-defense; home protection) restores the presumption of
innocence in cases of self-defense. On February 13, 2006, amendments
adopted by the Senate Judiciary Committee changed this "castle doctrine"
bill into the most significant legislation ever introduced affecting anyone
faced with a self-defense situation in Arizona. The text of SB 1145 as
amended can be found here:
http://www.azleg.gov/legtext/47leg/2r/bills/sb1145s.pdf
Present law, passed in 1997 without proper discussion or debate, places the
burden of proof on the VICTIM in self-defense cases. You are now in effect
guilty unless you can prove your own innocence. You must admit to the
underlying criminal conduct, and then demonstrate that the guilt you
admitted is false, by proving you were justified. It is a prosecutor's
dream and the public's worst nightmare. A criminal now has better legal
protection than a person who claims self-defense after an attack:
http://tinyurl.com/bn5ks
SB 1145 enjoys broad bipartisan support. It passed Senate by a unanimous
(28-0) vote. On March 16, 2006, SB 1145 passed the House Judiciary
committee by a vote of 6-3 and was referred to the Rules committee.
Opponents to YOUR right to be "innocent until proven guilty" are pressuring
the Rules committee chairman, Representative Bob Robson (
http://www.azleg.gov/MembersPage.asp?Member_ID=51 ) (http://www.azleg.gov/MembersPage.asp?Member_ID=51) to amend SB 1145,
gutting the provisions that restore YOUR right to be "innocent until proven
guilty" in a self-defense situation.
We must not let this happen!
Rules committee members, especially Chairman Robson, need to be contacted by
YOU and told that SB 1145 must be referred out of the Rules committee
without amendments to the House Committee of the Whole (COW).
Below are the email addresses and telephone numbers of the committee
members. Following that is a sample letter to cut-and-paste into an email
message.
Bob Robson (R) - Chairman - brobson@azleg.gov (brobson@azleg.gov)- (602) 926-5549
Bob Stump (R) - Vice-Chairman - bstump@azleg.gov (bstump@azleg.gov)- (602) 926-5413
Phil Lopes (D) - plopes@azleg.gov (plopes@azleg.gov)- (602) 926-3278
Linda Lopez (R) - llopez@azleg.gov (llopez@azleg.gov)- (602) 926-4089
Gary L. Pierce (R) - gpierce@azleg.gov (gpierce@azleg.gov)- (602) 926-3163
Doug Quelland (R) - dquelland@azleg.gov (dquelland@azleg.gov)- (602) 926-4639
Pete Rios (D) - prios@azleg.gov (prios@azleg.gov)- (602) 926-5761
Stephen Tully (R) - stully@azleg.gov (stully@azleg.gov)- (602) 926-5977
James P. Weiers (R) - jweiers@azleg.gov (jweiers@azleg.gov)- (602) 926-4173
Representative Robson especially needs to hear from you.
Below is a sample letter to cut-and-paste into an email message.
================================================== ==========
Dear Representative (Name):
The Arizona Citizens Defense League (AzCDL) has informed me that SB 1145 is
under consideration by your committee. I strongly urge you to vote the bill
out of committee with a recommendation for passage by the full House.
SB 1145, a "Castle Doctrine" bill, is modeled after legislation recently
passed in Florida and introduced this year in many states. It bolsters the
right of self-defense against violent criminal attack. However, the most
critical component of this legislation was adopted as a Senate committee
amendment. SB 1145 restores the burden of proof in self-defense cases to
the state, where it appropriately rested from Arizona's territorial days
until a change was quietly inserted into the Omnibus Criminal Code Bill of
1997. This change in the law runs contrary to one of the basic tenets of
the American justice system - a citizen is innocent until proven guilty
beyond a reasonable doubt, a belief held dear for centuries. The current
burden of proof in self-defense cases is unjust by every objective measure,
evidenced by the fact that only one other state has a similar provision, and
must be corrected immediately.
Prosecutors enjoy the current law because it makes their jobs easier. The
current system favors the conviction of an innocent citizen rather than the
release of the guilty. This is contrary to the foundation of the American
justice system.
Imagine one of your constituents being attacked by a knife-welding robber
outside a bank ATM. She responds by drawing her gun. The robber flees.
She calls the police and reports the incident. The police respond and take
her statement and her gun. The robber is located nearby, walking along the
street, but no knife is found. He tells police he is glad to see them
because a woman just pointed a gun at him without provocation outside the
nearby bank.
Here is what the prosecutor is faced with: If the robber is charged, the
State must prove him guilty beyond a reasonable doubt, based entirely on the
victim's testimony. A unanimous jury verdict is required. That means the
prosecutor must work to prove a case. But, if the prosecutor charges the
victim, her statement and her gun establish an aggravated assault, thereby
satisfying the State's burden. The prosecutor has no further work to do.
The robber's testimony further establishes that the victim pointed a gun at
him "without provocation." The victim must prove that she was justified to
act in self-defense based entirely upon her testimony. She must convince
each juror that she acted justifiably. The robber's extensive prior
criminal record is inadmissible to prove that he attacked the victim or that
she acted in self-defense. It's a "slam-dunk" for any prosecutor in our
current system where legal protection for the innocent was ripped from State
law in 1997.
To stop scenarios like that from continuing to happen, you must support the
passage of SB 1145 in its current from.
Opponents of SB 1145 will claim that, if passed, it will be impossible to
convict gang members of violent crimes because they will claim self-defense.
Prosecutors have yet to explain how 48 other states are surviving the
scourge of gangs while their states bear the burden of proof, beyond a
reasonable doubt, in self-defense cases. They weakly claim that Arizona is
different that other states. While this may be true of the weather, it is
false as it relates to the justice system. Gang affiliation can be
introduced into evidence. Many jurors, no doubt, consider this. The most
significant problem with prosecuting gang crimes is finding willing
witnesses, not the burden of proof.
Again, I ask for your support and vote on this important legislation.
Sincerely,
Your Name
Street Address
City, AZ zip-code
(telephone number)
"innocent until proven guilty" in self-defense situations, is in jeopardy of
being gutted in the House Rules committee.
Information on SB 1145 can be found here:
http://www.azleg.gov/DocumentsForBill.asp?Bill_Number=SB1145
SB 1145 (self-defense; home protection) restores the presumption of
innocence in cases of self-defense. On February 13, 2006, amendments
adopted by the Senate Judiciary Committee changed this "castle doctrine"
bill into the most significant legislation ever introduced affecting anyone
faced with a self-defense situation in Arizona. The text of SB 1145 as
amended can be found here:
http://www.azleg.gov/legtext/47leg/2r/bills/sb1145s.pdf
Present law, passed in 1997 without proper discussion or debate, places the
burden of proof on the VICTIM in self-defense cases. You are now in effect
guilty unless you can prove your own innocence. You must admit to the
underlying criminal conduct, and then demonstrate that the guilt you
admitted is false, by proving you were justified. It is a prosecutor's
dream and the public's worst nightmare. A criminal now has better legal
protection than a person who claims self-defense after an attack:
http://tinyurl.com/bn5ks
SB 1145 enjoys broad bipartisan support. It passed Senate by a unanimous
(28-0) vote. On March 16, 2006, SB 1145 passed the House Judiciary
committee by a vote of 6-3 and was referred to the Rules committee.
Opponents to YOUR right to be "innocent until proven guilty" are pressuring
the Rules committee chairman, Representative Bob Robson (
http://www.azleg.gov/MembersPage.asp?Member_ID=51 ) (http://www.azleg.gov/MembersPage.asp?Member_ID=51) to amend SB 1145,
gutting the provisions that restore YOUR right to be "innocent until proven
guilty" in a self-defense situation.
We must not let this happen!
Rules committee members, especially Chairman Robson, need to be contacted by
YOU and told that SB 1145 must be referred out of the Rules committee
without amendments to the House Committee of the Whole (COW).
Below are the email addresses and telephone numbers of the committee
members. Following that is a sample letter to cut-and-paste into an email
message.
Bob Robson (R) - Chairman - brobson@azleg.gov (brobson@azleg.gov)- (602) 926-5549
Bob Stump (R) - Vice-Chairman - bstump@azleg.gov (bstump@azleg.gov)- (602) 926-5413
Phil Lopes (D) - plopes@azleg.gov (plopes@azleg.gov)- (602) 926-3278
Linda Lopez (R) - llopez@azleg.gov (llopez@azleg.gov)- (602) 926-4089
Gary L. Pierce (R) - gpierce@azleg.gov (gpierce@azleg.gov)- (602) 926-3163
Doug Quelland (R) - dquelland@azleg.gov (dquelland@azleg.gov)- (602) 926-4639
Pete Rios (D) - prios@azleg.gov (prios@azleg.gov)- (602) 926-5761
Stephen Tully (R) - stully@azleg.gov (stully@azleg.gov)- (602) 926-5977
James P. Weiers (R) - jweiers@azleg.gov (jweiers@azleg.gov)- (602) 926-4173
Representative Robson especially needs to hear from you.
Below is a sample letter to cut-and-paste into an email message.
================================================== ==========
Dear Representative (Name):
The Arizona Citizens Defense League (AzCDL) has informed me that SB 1145 is
under consideration by your committee. I strongly urge you to vote the bill
out of committee with a recommendation for passage by the full House.
SB 1145, a "Castle Doctrine" bill, is modeled after legislation recently
passed in Florida and introduced this year in many states. It bolsters the
right of self-defense against violent criminal attack. However, the most
critical component of this legislation was adopted as a Senate committee
amendment. SB 1145 restores the burden of proof in self-defense cases to
the state, where it appropriately rested from Arizona's territorial days
until a change was quietly inserted into the Omnibus Criminal Code Bill of
1997. This change in the law runs contrary to one of the basic tenets of
the American justice system - a citizen is innocent until proven guilty
beyond a reasonable doubt, a belief held dear for centuries. The current
burden of proof in self-defense cases is unjust by every objective measure,
evidenced by the fact that only one other state has a similar provision, and
must be corrected immediately.
Prosecutors enjoy the current law because it makes their jobs easier. The
current system favors the conviction of an innocent citizen rather than the
release of the guilty. This is contrary to the foundation of the American
justice system.
Imagine one of your constituents being attacked by a knife-welding robber
outside a bank ATM. She responds by drawing her gun. The robber flees.
She calls the police and reports the incident. The police respond and take
her statement and her gun. The robber is located nearby, walking along the
street, but no knife is found. He tells police he is glad to see them
because a woman just pointed a gun at him without provocation outside the
nearby bank.
Here is what the prosecutor is faced with: If the robber is charged, the
State must prove him guilty beyond a reasonable doubt, based entirely on the
victim's testimony. A unanimous jury verdict is required. That means the
prosecutor must work to prove a case. But, if the prosecutor charges the
victim, her statement and her gun establish an aggravated assault, thereby
satisfying the State's burden. The prosecutor has no further work to do.
The robber's testimony further establishes that the victim pointed a gun at
him "without provocation." The victim must prove that she was justified to
act in self-defense based entirely upon her testimony. She must convince
each juror that she acted justifiably. The robber's extensive prior
criminal record is inadmissible to prove that he attacked the victim or that
she acted in self-defense. It's a "slam-dunk" for any prosecutor in our
current system where legal protection for the innocent was ripped from State
law in 1997.
To stop scenarios like that from continuing to happen, you must support the
passage of SB 1145 in its current from.
Opponents of SB 1145 will claim that, if passed, it will be impossible to
convict gang members of violent crimes because they will claim self-defense.
Prosecutors have yet to explain how 48 other states are surviving the
scourge of gangs while their states bear the burden of proof, beyond a
reasonable doubt, in self-defense cases. They weakly claim that Arizona is
different that other states. While this may be true of the weather, it is
false as it relates to the justice system. Gang affiliation can be
introduced into evidence. Many jurors, no doubt, consider this. The most
significant problem with prosecuting gang crimes is finding willing
witnesses, not the burden of proof.
Again, I ask for your support and vote on this important legislation.
Sincerely,
Your Name
Street Address
City, AZ zip-code
(telephone number)