Oregon
I badly dislike two things, generally, and it's not simply because Oregon has the problem as well:
- That a nation with a presumption of innocence can instead operate on the basis of a presumption of guilt in cases of self-defense or defense of others.
- That an "affirmative" defense requires proof by the defendant, where prosecution otherwise requires proof beyond a reasonable doubt.
It makes no sense to me. If charges are going to be pressed, then proof must be presented. It seems against all that we stand for to carve out a class of upstanding individuals for whom these protections don't apply.
Oregon also needs a clear and simple "Castle" statute that indicates people have every right to be where they're legally allowed to be; have every right to stand their ground; every right to defend themselves, others and their property with all force deemed necessary to halt someone's attempt to take those things; and that such defensive actions are presumed to be innocent of crime unless proven otherwise beyond a reasonable doubt just like any other claimed crime the state has a problem with. Barbaric communities allow the alternative to exist, IMO, positioning the most honorable of our citizens in a first, knee-jerk reaction as liars and criminals. Honorable communities do not. We need to fix this.
The Oregon Constitution seems crystal clear, and yet it's suborned daily:
Section 27. The people shall have the right to bear arms for the defence [sic] of themselves, and the State, but the Military shall be kept in strict subordination to the civil power
On a daily basis, the People are often treated as criminals if they dare to carry arms, even to the point of other crap being concocted in order to dish up a heap of trouble for them. They're restricted from doing so in a huge number of places. They're required to have a permit/license in order to do so. They're treated like pariahs in some locations. They're regularly fired or expelled if daring to do so in accordance with the laws. And the courts often execute unconstitutional protection of illegal actions taken by employers, agencies, municipalities, counties and other organizations. I'd have this fixed, as well, but true fixes would require honorable people to adhere to what's written ... and, quite simply, it's already written down. There are simply no real teeth and anything inhibiting such illegal steps as are taken by "authorities." Death by hanging on the public square if these laws are violated, perhaps? That might do it. Perhaps not, though.