Defending People

the tao of criminal-defense trial lawyering

Indiana Steps Away from the Brink

About a year ago I wrote about the Indi­ana Supreme Court’s sua sponte rewrit­ing of Indiana’s self-defense statute to deprive peo­ple of the right to use force to defend them­selves against police offi­cers com­mit­ting crimes.

Yes­ter­day Indi­ana Gov­er­nor Mitch Daniels signed into law Sen­ate Enrolled Act 1, which restored by statute that which the Indi­ana Supreme Court had taken away by judi­cial activism. In part:

(i) A per­son is jus­ti­fied in using rea­son­able force against a pub­lic ser­vant if the per­son rea­son­ably believes the force is nec­es­sary to:
(1) pro­tect the per­son or a third per­son from what the per­son rea­son­ably believes to be the immi­nent use of unlaw­ful force;
(2) pre­vent or ter­mi­nate the pub­lic servant’s unlaw­ful entry of or attack on the person’s dwelling, cur­tilage, or occu­pied motor vehi­cle; or
(3) pre­vent or ter­mi­nate the pub­lic servant’s unlaw­ful tres­pass on or crim­i­nal inter­fer­ence with prop­erty law­fully in the person’s pos­ses­sion, law­fully in pos­ses­sion of a mem­ber of the person’s imme­di­ate fam­ily, or belong­ing to a per­son whose prop­erty the per­son has author­ity to protect.

That’s as it should be. The police are not happy—also, as it should be. 

It’s just a recipe for dis­as­ter,” [the pres­i­dent of the Indi­ana FOP] told Bloomberg. “It just puts a bounty on our heads.”

You know the answer to this, of course: it’s what badgelick­ers tell peo­ple who com­plain of police bru­tal­ity; I hope the police will take it to heart: You don’t want peo­ple using force against you? Don’t break the law.

Bravo, Indi­ana.

(H/T my arms dealer.)

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About The Author

Mark Bennett got his letter of marque from the Supreme Court of Texas in May 1995. He is famous for having no sense of humor when it comes to totalitarianism.

Comments

3 Responses to “Indiana Steps Away from the Brink”

  1. Ric Moore says:

    Direct evi­dence that proves the exis­tence of God who can move on the souls of men. Or, some­thing like that, .…you get my drift. I have to thank some­one for that refresh­ing bit of san­ity restored to this Veil of Tears. Ric

  2. Charles B. "Brad" Frye says:

    As a Hoosier, before I was adopted as a Texan, I take some small pride in my birth state’s right­eous action. Whether it will have prac­ti­cal appli­ca­tion, and whether the courts will enforce it, are still to be seen.
    If I were a law enforce­ment offi­cer, I would hope I would think twice about my actions in the future.

  3. Alex Nelson says:

    Con­grat­u­la­tions on tak­ing them to task and win­ning. Isn’t it funny that police offi­cers change their view when they or a mem­ber of their fam­ily are on the other end of police abuse.

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