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OPINION

We Must Defend Self-Defense

The opinions expressed by columnists are their own and do not necessarily represent the views of Townhall.com.
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AP Photo/Alex Slitz

There’s a war going on against our sacred right to self-defense, and we need to defend that right, ruthlessly and vigorously against the communists who want us living in fear. And they do want us living in fear – sheep are easier to shear than sheepdogs. If you look what happened in New York City, where some mutant bum decided to threaten a bunch of people on a subway car, and then some heroes subdued him, and then he vapor-locked, and then the usual cast of liars and race-pimps screeched, you can see what they are doing – not merely trying to disarm us but trying to make us fear to defend ourselves at all. They want you terrified and impotent in the face of their unofficial militia, the criminals. The right to keep and bear arms means nothing if you are going to get jammed up whenever you have to use hot lead to stop the latest trans shooter, or junkie with a knife, or carjacker, or schizo hobo, or whatever. Which is the idea.

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So, it is the guys defending the citizens on the train who are being treated as criminals and the terminated criminal who is being treated as a hero. The message is clear – accept that you must accept abuse. Understand that this moral inversion is all a lie – the stiff was a scumbag who was a fugitive for attacking a 67-year-old woman; they just want to exploit his justified death. This is happening all over the country in the blue cities thanks to the Soros prosecutor conspiracy – and if you don’t like me criticizing Soros, shove it. Time to stop this madness, at least where we can at the moment. Time to clearly side with the normals over the criminals who the ruling caste is using as tyrannical catspaws.

Their wicked plan is perfectly obvious – to criminalize normal people and normalize criminals. Thieves, bums, losers, junkies, whores, and other trash – they are the heroes in this morally bankrupt morality play, and we normals are the villains. The first step to fighting back is to see the truth, and the truth is right there. You just have to be hard enough to accept it and to not allow them to leverage your empathy or compassion into tolerating having to be afraid as some sort of price you owe for the crime of not being a lowlife. They want us, quiet, complacent, and obedient. They want a society where we live in fear. Not them, though – this subway vermin did not invade the Met Gala last week. Hell, he would never get anywhere near the princes and princesses and princexxs strutting around in their zillion dollar gowns. Rubbing shoulders with social detritus is for you little people forced to ride public transportation – just wait until we ban your cars and trucks and you have no escape! The costs of the bourgeoisie's moral posturing is to be paid by you and me, and not by the preeners.

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The hell with that. No one wants you disarmed so you can protect yourself more. They want you to be vulnerable. The hell with that. Buy guns and ammunition. Right now, it is open season for normal people. I say we make it open season on criminals.

We can’t do much about this right now in the big blue cities in the big blue states. In the future, when we have more federal power, we can retake them and cleanse them of the filth the Democrats have perpetuated. But until then, the Democrat voters in the Democrat cities can suffer the consequences that the policies the Democrats voted for inflict upon them. You chose to swim in the cesspool when you elected Dems, so don’t cry that you are dripping with Schiff.

Instead, we need to purge this evil within the blue cities sitting in the middle of red states that we own. It’s there that we can and must act. The blue inhabitants elect Soros prosecutors and tolerate this degeneracy, but it infects us in the red. Unacceptable. We must ruthlessly use our power to break them and force them to suppress crime and other social pathologies. Among other things, that means firing the Sorosians where possible (Ron DeSantis did this) or driving them to resign through investigations, as in St. Louis recently. Red states, if your laws do not let you fire a city or county prosecutor who is not prosecuting criminals but is prosecuting normals defending themselves, change the damn laws. And I don’t want to hear about any alleged principle of “local control” – there is no principle worth having that strips us of our right to fight back against criminals. None.

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First, we must reiterate in the law the guiding principle that self-defense is not merely tolerated but encouraged. We should clarify that self-defense can be used to protect people, pets, and property. And that the risk of unexpected or excessive harm is on the criminal, not the citizen. Certain situations should be presumed self-defense – like when a citizen is surrounded by a mob on foot or in a car. We need to stop acting as if you need an excuse for taking down a criminal. You shouldn’t be penalized or persecuted – you should be getting a medal. 

There are a variety of ways to do this, and a lot of them are pretty technical legal changes, but here is a summary. Stop the Soros allies by allowing attorney generals to take control of cases where self-defense is at issue, and dismiss them instead of letting local prosecutors put citizens through the wringer. Create procedures that make it hard for prosecutors to charge clear self-defense cases and easy to dismiss cases before they even get to a jury. In cases of presumed self-defense – like where the accused has no serious criminal record but the “victim” is a felon – allow the accused to give evidence to the grand jury too (usually, only prosecutors do, hence how they can indict a ham sandwich), and also require that any indictment be issued only where self-defense is defeated beyond a reasonable doubt. Then allow an appeal at that stage. Only after a case gets past all that can the case proceed to an actual trial. And if the accused is acquitted on a self-defense defense, the county charging him should pay his attorneys’ fees and damages for the hell it put him through.

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We must make it easier to win on self-defense cases – require the state prove beyond a reasonable doubt that it was not self-defense (an accused must typically prove a defense, but that burden of proof should be flipped to make the prosecutors prove it – again, beyond a reasonable doubt). And juries need a full picture of who the “victim” was. Usually, character evidence is hard to admit to show a person acted a certain way at a certain time. In self-defense cases, require the “victim’s” entire criminal record – including uncharged crimes – be admitted to show that the “victim” was likely the aggressor. 

Self-defense is often treated as something society tolerates. It should be celebrated, and the court should read the jury an instruction such as the following:

It is the right of every citizen to act in the defense of himself, his family, his pets, his property, and his community. It is reasonable to use physical force in order to protect these things. Physical force sometimes leads to injury or death, but our state recognizes this is the risk that a criminal takes in committing crimes. Sometimes, in retrospect, we might see alternative courses of action, but that is not sufficient to convict the accused. You will presume that the accused acted lawfully unless you are convinced by the evidence beyond a reasonable doubt that the accused knew he was not acting in self-defense and intended to cause unlawful injury to the innocent victim. Otherwise, you must acquit.

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Also, there should be no retrial on a hung jury in such cases. Further, appellate courts should review self-defense cases “be novo,” meaning they do not need to defer to the findings of the jury. And governors should aggressively use their pardon power to rectify miscarriages of justice, like Greg Abbott of Texas promised to do (but has not yet done) for framed self-defendant Daniel Perry in Texas. If the law does not allow a governor of a red state to pardon those wrongfully convicted despite a self-defense claim, red state legislatures should change the laws.

We’re sick of criminals. We must fight back. And we must stop the left from preventing us from canceling self-defense. Right now, we have the power in red states to create the proper relationship between criminals and citizens – criminals should live in fear, not citizens. 

Follow Kurt on Twitter @KurtSchlichter. Get Inferno, the seventh book in the Kelly Turnbull People's Republic series of conservative action novels set in America after a notional national divorce, as well as his non-fiction book We’ll Be Back: The Fall and Rise of America.

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