Some Wisconsinites are having a serious crap-fit about Wisconsin’s Concealed Weapons law and Castle Doctrine and it has now reached Mayan Calendar Catastrophe proportions.
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.
This quote is not from Brady or CSGV, not even an editorial from one of the Left of The Left leaning newspapers in Wisconsin. The quote is from a letter by Gregory J. O’Meara, S.J. in representation of The Criminal Law Section “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.”
So, what is with the Castle Doctrine that they hate so much? That people might use it to commit murder:
Assume a man kills his wife in cold blood in the family home without witnesses. I suggest that a man who is willing to kill his wife is not squeamish about committing perjury. If he takes the stand and claims that he mistakenly thought she was an intruder, under AB 69, the jury must be instructed that he is presumed to have reasonably believed that force was necessary to prevent imminent death or great bodily harm to himself.
Once again we have a bunch of Lawyers making the assumption that Castle Doctrine will intermediately give automatic immunity to a murderer and that Homicide Detectives are a bunch of morons who cannot operate crayola without instructions and are easily deceived by some cheese-eating wife beater. That the law in itself says nothing about giving passes to anybody and that is pretty much crafted the same as many other Castle Doctrine laws already in the books in other states without any problem is not mentioned. They also do not mention that you cannot claim self-defense while engaged in a felonious crime and that if you try, you will be laughed all the way to prison.
So why are they pissed? They lost the power to declare somebody a murderer and take him to trial whether they were in a self-defense situation or not. It is plain and simple job security. I have seen many cases where regular folks would conclude that a shooting is an obvious case of self-defense but a politically-motivated D.A. determines that it was a murder for reasons of his own, mostly re-election & specially if there is some controversial angle it can be used such as race. The the defendant has to go through the hellish crapshot of a trial and the winners (even if he loses) are the D.A., defense lawyer, judge, etc because they get their TV and press time plus monetary income that might come from the family of the dead criminal suing the accused in civil court.
Wisconsin Gun Owners better be ready because if history in other states is any indication, D.A.s and judges will want to ignore the law and take people to trial anyway just to prove they can. As usual they will be seriously slapped on appeal, but it will take a while for the lesson to be absorbed. They are going to be like little kids when warned no to touch the stove: they will wait for you to turn around, stick the tongue out and touch it anyway.
Well of course they are that childish, you did read the first quote above, didn’t you? Have you seen anything more infantile than that?