Kansas Supreme Court Upholds Separation of Powers at Self Defense Hearings

By Dean Weingarten

By Dean Weingarten

Arizona – -(Ammoland.com)-The Kansas Supreme Court held that courts are independent of the state’s executive branch, when ruling on immunity from prosecution for self defense.

In the case before the court, the self defense claim was very strong. Immunity from prosecution was granted. The state appealed, arguing that the judge was required to look at the evidence in the way most favorable to the prosecutor’s case. From cjonline.com:

The state’s highest court rejected a tougher standard set by a lower court for determining when someone can avoid prosecution for wounding or killing another person. The state Court of Appeals had said trial judges must view evidence on self-defense claims in the light most favorable to prosecutors; the Supreme Court said the review must be impartial.

The 2006 law says a person who is attacked “has no duty to retreat” and can use force in response. People who are arrested or charged with a crime but assert self-defense can seek a court hearing to determine whether they are immune from prosecution.

“Stand Your Ground” and “Castle Doctrine” self defense law reforms are a response to the abuse of prosecutorial power in self defense cases. …Read the Rest

Source:: AmmoLand