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Letter from the WI State Bar Criminal Law Section to the WI State Assembly Re: Opposition to AB 69 relating to the privilege of self-defense
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| Contributor | Homegrown Democrat |
| Last Edited | Homegrown Democrat Nov 04, 2011 04:02am |
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| Category | Opinion |
| Author | Gregory J. O’Meara, S.J. |
| News Date | Monday, October 31, 2011 09:00:00 AM UTC0:0 |
| Description | The Criminal Law Section is a voluntary organization within the State Bar, representing over 600 criminal defense lawyers, prosecutors, judges and academicians with the purpose of promoting respect, fairness and professionalism in the administration of criminal justice in Wisconsin. The Section opposes Assembly Bill 69.
AB 69 changes Wisconsin law by providing a defense for irrational people armed with deadly force. Under its provisions, malevolent, reckless, or paranoid people who shoot trick or treaters or repairmen on their porch will be presumed to be acting in self-defense. Further, AB 69 adds no new defense under Wisconsin law for a homeowner whose house is invaded by an intruder; however, it provides a solid defense, and a favorable jury instruction, for any man who kills his wife in the family home and lies about it in court. Further AB 69 ignores the common law and Wisconsin statutory and case law regarding defensive force, thereby gutting years of precedent in this regard. AB 69 is perhaps the most radical departure from existing criminal law in Wisconsin proposed in the past twenty-five years. For these and other reasons, the Criminal Law Section of the State Bar of Wisconsin has voted unanimously to oppose this bill. |
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