Sunday, 08 December, 2019

Judge calls change in Florida Stand Your Ground law unconstitutional

Judge calls change in Florida Stand Your Ground law unconstitutional Judge calls change in Florida Stand Your Ground law unconstitutional
Christy Curtis | 05 July, 2017, 00:28

A judge has ruled that Florida's lawmakers overstepped their authority in updating the state's "Stand Your Ground" ruling.

Prosecutors argued the changes would make it easier for defendants to claim they acted out of self-defense, potentially leading to more cases being thrown out of court.

Hirsch's ruling won't affect how "stand your ground" is implemented in other cases.

The original law began in 2005 has been highly scrutinized by those on both sides of the issue over the last dozen years. The new change requires state prosecutors prove the guilt of someone claiming to have shot someone in self defense. Under the new law, which applies retroactively, the burden of proof is on prosecutors. The statutory change violates Florida's separation of powers doctrine because it amounts to a "procedural" revision, something that must be handled by the Florida Supreme Court, Hirsch wrote.

The amendment to the law had been backed by the America's powerful gun lobby, the National Rifle Association.

Man Charged With Kidnapping Chinese Scholar Authorities Believe is Dead
Zhang , a 26-year-old visiting scholar from China, was reported missing from the University of IL at Urbana-Champaign on June 9. She and the driver speak for a period of time before she gets in the auto , which drives away heading north on Goodwin.

Hirsch ruled earlier this year that it was unconstitutional for Miami-Dade County to hold arrested immigrants for Immigration and Customs Enforcement.

The controversial law has always been criticized for fostering a shoot-first mentality, which eliminated a citizen's duty to retreat before using deadly force in responding to an apparent threat. "The Florida House will continue to stand with ordinary citizens who exercise their right to self-defense".

In 2012, Hirsch ruled that prosecutors could not say a fingerprint found at a crime scene was a controversial match, a decision later overturned by an appeals court. It was up to the defendants to prove they were acting in self defense. The law allows individuals to use deadly force if they are in imminent danger and are acting in self-defense.

George Zimmerman was the neighborhood watchman that came into contact with Trayvon Martin in the dark. A jury acquitted him of second-degree murder.

It was not surprising that Hirsch was the first to weigh in on the new law.

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