Missoula County opposes HB 629: Provide for attorney fees and costs in certain justifiable use of force cases, up for hearing at 8 a.m. on Thursday, Feb. 23 in the House Judiciary Committee.
This bill would require prosecutors or their employer to reimburse court fees when a defendant is found not guilty of using justifiable use of force. The bill is too broad and would possibly apply to plea bargains, deferred prosecution agreements, dismissal before trial due to issues outside of a prosecutor’s control, or acquittal at trial. Under typical procedure, a jury is presented with a question of whether someone is guilty or not guilty. They are not typically faced with the specific question of why the person is not guilty. Many factors outside the prosecutors’ control can occur during a trial like death of witnesses or errors made by law enforcement. Prosecutors must be allowed to make the best charging decisions as related to community safety, not based on potential conviction.
Missoula County opposes, as amended, HB 629: Provide for attorney fees and costs in certain justifiable use of force cases, up for second reading today on the House floor.
The bill is too broad and would possibly apply to plea bargains, deferred prosecution agreements, dismissal before trial due to issues outside of a prosecutor’s control, or acquittal at trial. Under typical procedure, a jury is presented with a question of whether someone is guilty or not guilty. They are not typically faced with the specific question of why the person is not guilty. Many factors outside the prosecutors’ control can occur during a trial like death of witnesses or errors made by law enforcement. Prosecutors must be allowed to make the best charging decisions as related to community safety, not based on potential conviction.
Representatives France, Howell and Zephyr,
ReplyDeleteMissoula County opposes HB 629: Provide for attorney fees and costs in certain justifiable use of force cases, up for hearing at 8 a.m. on Thursday, Feb. 23 in the House Judiciary Committee.
This bill would require prosecutors or their employer to reimburse court fees when a defendant is found not guilty of using justifiable use of force. The bill is too broad and would possibly apply to plea bargains, deferred prosecution agreements, dismissal before trial due to issues outside of a prosecutor’s control, or acquittal at trial. Under typical procedure, a jury is presented with a question of whether someone is guilty or not guilty. They are not typically faced with the specific question of why the person is not guilty. Many factors outside the prosecutors’ control can occur during a trial like death of witnesses or errors made by law enforcement. Prosecutors must be allowed to make the best charging decisions as related to community safety, not based on potential conviction.
Please oppose HB 629.
Representatives,
ReplyDeleteMissoula County opposes, as amended, HB 629: Provide for attorney fees and costs in certain justifiable use of force cases, up for second reading today on the House floor.
The bill is too broad and would possibly apply to plea bargains, deferred prosecution agreements, dismissal before trial due to issues outside of a prosecutor’s control, or acquittal at trial. Under typical procedure, a jury is presented with a question of whether someone is guilty or not guilty. They are not typically faced with the specific question of why the person is not guilty. Many factors outside the prosecutors’ control can occur during a trial like death of witnesses or errors made by law enforcement. Prosecutors must be allowed to make the best charging decisions as related to community safety, not based on potential conviction.
Please oppose HB 629.