Wednesday, September 27, 2006

Kentucky's New Self-defense Law

In a test of Kentucky’s new self-defense provisions, Kenton County Circuit Court today ruled that the law is not retroactive, and therefore not applicable, to a case in which an 18-year old was stabbed and killed as the result of an argument in which his attacker had plead self defense. (Article)

The defense’s position in pretrial was that the fact situation is one such as is covered by the new statute, but the Court’s consideration disagreed. Assistant Commonwealth Attorney Jim Redwine told the Courier Journal that a defendant can only be tried under a new law if it mitigates or reduces punishment for the offense. Kentucky’s new law changes the status of what defenses can be used, not what punishments can be applied.

Kentucky’s New Self-defense Provisions

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