SALT LAKE CITY (KUTV) — Utah’s self-defense laws are in the spotlight following two high-profile cases. A law that went into effect in 2021 allows defendants to challenge the charge before trial by proving their use of force was justified.
The law requires the state to present “clear and convincing evidence” that a defendant’s use of force was not justified, with a judge deciding the outcome. If the prosecution fails to meet this burden, the case is dismissed with prejudice, meaning it can never be refiled.
At the time, House Bill 227 chief sponsor, state Rep. Karianne Lisonbee, said she was trying to decrease the risk to Utahns whose lives could be upended with lengthy and costly prosecutions and incarceration after trying to protect themselves. 2News Investigates asks if the justification hearing is working as Rep. Lisonbee intended while prosecutors claim it is an even more rigorous review for them that could be resulting in fewer cases filed.
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