The biggest problems with SB128 is the "clear and convincing" standard the prosecution needs to prove for the use of force to be not justifiable. This means it's easier for prosecutors to prove this in pre-trial hearings than "beyond a reasonable doubt" at trial, so I feel they still have an edge. Biggest issue is that if you lose a pre trial hearing, you're more than likely to be convicted for the use of force at trial. I believe this is going to result in the lot of SD cases no opting for pre trial hearing and going straight to trial where the burden is higher on the prosecutors (beyond a reasonable doubt), but the cost of a trial to a defendant is astronomical.
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Pedro U / Member# 0770
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