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Florida's 'stand your ground' law ruled unconstitutional by judge

 
 
Reply Sat 5 Aug, 2017 09:54 pm
http://www.foxnews.com/us/2017/07/03/floridas-stand-your-ground-law-ruled-unconstitutional-by-judge.html?utm_source=zergnet.com&utm_medium=referral&utm_campaign=zergnet_1848226

Published July 03, 2017
Fox News

Gov. Rick Scott, center, signed the updated 'stand your ground' law into effect last June.

"A judge in Florida ruled Monday that the state's updated "stand your ground" law, which required prosecutors to disprove a defendant's self-defense case at pretrial hearings, is unconstitutional, setting up a showdown that could make its way to the state's top court.

Miami-Dade Circuit Judge Milton Hirsch ruled that the amendment to the law allowed lawmakers to overstep their authority, adding that it should have been crafted by the Florida Supreme Court in the first place, The Miami Herald reported.

“As a matter of constitutional separation of powers, that procedure cannot be legislatively modified,” Hirsch wrote.

The Florida Supreme Court had ruled in 2015 to shift the burden to defendants, requiring them to prove in pretrial hearings that they were defending themselves in order to avoid prosecution on charges for a violent act.

Florida Gov. Rick Scott signed the amended legislation, backed by the National Rifle Association, into effect in June. Prosecutors were vehemently against the updated law because they believed it made it easier for defendants to get away from murder. Prosecutors also had to provide "clear and convincing" evidence that a defendant was not using the force as an act of self-defense.

FLORIDA SEES KILLINGS INCREASE AFTER PASSAGE OF 'STAND YOUR GROUND' GUN LAW, STUDY SAYS

The law was first passed in 2005 and it gave people the right to "shoot first" if they believed their lives were in danger at that moment.

"A person is justified in the use of deadly force and does not have a duty to retreat if: He or she reasonably believes that such force is necessary to prevent imminent death or great bodily harm to himself or herself," the Florida law states.

It also gave judges the right to dismiss charges against the defendant if they believed reasonable self-defense was used in the case.

<snip>

The controversial self-defense law came into the spotlight during George Zimmerman's case in 2012. (AP Photo/TV Pool, File)

In states without the "stand your ground law," people must retreat first before using force.

<snip>

The Associated Press contributed to this report.

Stand your ground laws need to be repealed nation wide.
 
oralloy
 
  -4  
Reply Sun 6 Aug, 2017 12:48 am
@emmett grogan,
emmett grogan wrote:
Stand your ground laws need to be repealed nation wide.

On behalf of the gun rights movement I deny your request.

We're a free country. People have the right to defend themselves here.
kk4mds
 
  3  
Reply Sun 6 Aug, 2017 02:16 pm
@oralloy,
And in Florida they always have had the right to protect themselves. However, while LEOs are taught that deadly force is a last resort, only to be used when lesser forms of force are not sufficient or are impracticable, civilians are taught to just kill people. This law has resulted in the unnecessary deaths of many people and helped killers avoid legal responsibility.

After 31 years as an LEO in Florida, I am glad that the law was not passed until after I retired. It addressed a non-issue and is dangerous.
oralloy
 
  -2  
Reply Sun 6 Aug, 2017 03:49 pm
@kk4mds,
Civilians have always been taught to just kill people when they have to defend themselves. That is not the fault of Stand Your Ground.

Civilians have been prosecuted for even firing warning shots when they were legally justified in shooting to kill, and in many jurisdictions it is against the law for civilians to even possess less lethal devices.
emmett grogan
 
  3  
Reply Mon 7 Aug, 2017 07:22 am
@oralloy,
Quote:
We're a free country. People have the right to defend themselves here.


And the right to freely shoot people indiscriminately.
emmett grogan
 
  3  
Reply Mon 7 Aug, 2017 07:31 am
@oralloy,
Quote:
Civilians have always been taught to just kill people when they have to defend themselves.


Where are all these civilians been taught to do that? No state requires more than 8 to 12 hrs of classes for a permit for conceal carry and open carry states require no training at all. In Texas a hairdresser is required to have over 1200 hrs of training and yearly update classes just to wield a hairbrush.
emmett grogan
 
  2  
Reply Mon 7 Aug, 2017 07:33 am
@kk4mds,
Thank-you for a peace officer's view point. I've always thought officers couldn't be happy with the proliferation of more and higher powered firearms with no sort of vetting system.
oralloy
 
  -1  
Reply Mon 7 Aug, 2017 08:29 pm
@emmett grogan,
emmett grogan wrote:
And the right to freely shoot people indiscriminately.

I've never heard of this right. Do you have a cite?
0 Replies
 
oralloy
 
  -1  
Reply Mon 7 Aug, 2017 08:30 pm
@emmett grogan,
emmett grogan wrote:
Where are all these civilians been taught to do that?

That is standard practice for civilian self defense everywhere in the world. The one exception might be Texas, where the law allows civilians to go on the offense against criminals.
0 Replies
 
oralloy
 
  -1  
Reply Mon 7 Aug, 2017 08:34 pm
@emmett grogan,
emmett grogan wrote:
Thank-you for a peace officer's view point. I've always thought officers couldn't be happy with the proliferation of more and higher powered firearms with no sort of vetting system.

I'd think though that they'd know going into the job that they'd be constrained by the rights of the citizenry. Many of our Constitutional rights make the job of the police harder than it would be otherwise.
0 Replies
 
 

 
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