Florida law shifts burden of proof in 'stand your ground'

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msn.com/en-us/news/us/florida-law-shifts-burden-of-proof-in-stand-your-ground/ar-BBCnXtR?li=BBmkt5R&ocid=spartandhp
Republican Gov. Rick Scott signed a bill Friday that will force prosecutors to prove during a pretrial hearing that defendants weren’t acting in self-defense when they committed an act of violence. The law took effect as soon as Scott signed it.
Before Friday, the burden of proof in pretrial hearings was on defendants. The Florida Supreme Court issued a ruling in 2015 that made that clear. Republican lawmakers responded to the ruling by pushing the bill Scott signed.
I, for one, am not sure about this. And I am not a liberal.🤷

Comments welcome.
 
The headline is misleading. This statute applies to a pretrial hearing. Basically at a pretrial hearing, the charges are read to make sure everyone is on the same page, some legal matters can be settled to speed up the trial, and the prosecution tries to demonstrate that they have enough evidence to move forward with a trial.

“Stand Your Ground” is still an affirmative defense which means at the trial the defendant has to present sufficient evidence that he inflicted lethal force upon an attacker due to a reasonable fear of imminent death or great bodily harm caused by the attacker’s actions.
 
@Starshiptrooper: Does that mean prosecutors don’t have to disprove the self-defense claim in order to move on to a trial?
In that case what does the new law actually say?
 
The headline is misleading. This statute applies to a pretrial hearing. Basically at a pretrial hearing, the charges are read to make sure everyone is on the same page, some legal matters can be settled to speed up the trial, and the prosecution tries to demonstrate that they have enough evidence to move forward with a trial.

“Stand Your Ground” is still an affirmative defense which means at the trial the defendant has to present sufficient evidence that he inflicted lethal force upon an attacker due to a reasonable fear of imminent death or great bodily harm caused by the attacker’s actions.
To be honest, I’ve never liked these sorts of laws. They sound right and good on paper; but they encourage people with little real training to do something even seasoned and trained cops make mistakes over. Sometimes an innocent person ends up dead and the shooter is sucked into the legal system for something that may well have not required deadly force.

As for this law change, I’m no lawyer, but isn’t pretrial where most of the deals struck? If so this change will likely weaken the prosecution’s hand with plea deals. There has to be some important and tangible reason that the legislature is pushing back on the court decision.
 
To be honest, I’ve never liked these sorts of laws. They sound right and good on paper; but they encourage people with little real training to do something even seasoned and trained cops make mistakes over. Sometimes an innocent person ends up dead and the shooter is sucked into the legal system for something that may well have not required deadly force.

As for this law change, I’m no lawyer, but isn’t pretrial where most of the deals struck? If so this change will likely weaken the prosecution’s hand with plea deals. There has to be some important and tangible reason that the legislature is pushing back on the court decision.
And there are those who attempt to manipulate the situation to put themselves in a position to commit a murder while claiming self dfense. Anything that makes killing another person easier is innappropriate IMHO.
 
@Starshiptrooper: Does that mean prosecutors don’t have to disprove the self-defense claim in order to move on to a trial?
In that case what does the new law actually say?
At the pretrial hearing, the prosecution usually has to present evidence to show that they have a decent chance of obtaining a guilty verdict and are not wasting the court’s time. “Stand Your Ground” was an exception because the defendant was admitting that he killed someone (doing a major part of the prosecutor’s work) but that he had a justified reason. The defendant obviously has to prove this at trial. This law basically requires the prosecution to present evidence they should already have before they even think about a trial. It gives the honest citizen the same protections that are afforded to the vicious predator he shot.
To be honest, I’ve never liked these sorts of laws. They sound right and good on paper; but they encourage people with little real training to do something even seasoned and trained cops make mistakes over. Sometimes an innocent person ends up dead and the shooter is sucked into the legal system for something that may well have not required deadly force.
Those of us who are responsible would rather have this option.
As for this law change, I’m no lawyer, but isn’t pretrial where most of the deals struck? If so this change will likely weaken the prosecution’s hand with plea deals. There has to be some important and tangible reason that the legislature is pushing back on the court decision.
See my response to Reepicheep.
And there are those who attempt to manipulate the situation to put themselves in a position to commit a murder while claiming self dfense. Anything that makes killing another person easier is innappropriate IMHO.
Anything that makes murdering another person easier is wrong. Anything that allows the honest citizen to exercise his right to defend his life, liberty and property without fear of unjustified prosecution is a very good thing indeed.
 
Those of us who are responsible would rather have this option.
I’ve got almost 15 years of track experience, 60 days total. A good part of that as an instructor. I’ve also lived in Germany and visited it many times and driven the Autobahn during many of those. I’ve driven in the UK on the “wrong” side of the road and on its winding B roads with occasional one lane tracts and ancient hedgerows and walls waiting to take off your paint. I’ve driven all over Europe. I’ve driven in Africa. I’ve lived in Dubai, with all of their crazy traffic, and drove to Oman while I was there.

The above is not to brag, but to make a point that I may well be a more competent and experienced driver than average. Would I love to have an unlimited Autobahn type network here? Sure, but aside from our sections of atrocious road maintenance, we don’t have those speeds mainly because of the lack of discipline by drivers.

So yes, you can have laws that don’t inhibit the better trained. However, when it comes to deadly activities, we are often stuck with the lowest common denominator.
 
And there are those who attempt to manipulate the situation to put themselves in a position to commit a murder while claiming self dfense. Anything that makes killing another person easier is innappropriate IMHO.
Outside of a few bad western movies, and maybe one or two good ones, when has this ever happened?
 
Outside of a few bad western movies, and maybe one or two good ones, when has this ever happened?
My thoughts exactly.
I have a carry permit. I’m less likely to get into a confrontation than ever, as I am very aware that I have the ability to use lethal force. I believe that most concealed carry permit holders are like me. It is an awesome and humbling responsibility.
 
And there are those who attempt to manipulate the situation to put themselves in a position to commit a murder while claiming self dfense. Anything that makes killing another person easier is innappropriate IMHO.
Good point. I thought of that as well, to be honest. 👍
 
At the pretrial hearing, the prosecution usually has to present evidence to show that they have a decent chance of obtaining a guilty verdict and are not wasting the court’s time. “Stand Your Ground” was an exception because the defendant was admitting that he killed someone (doing a major part of the prosecutor’s work) but that he had a justified reason. The defendant obviously has to prove this at trial. This law basically requires the prosecution to present evidence they should already have before they even think about a trial. It gives the honest citizen the same protections that are afforded to the vicious predator he shot.Those of us who are responsible would rather have this option.See my response to Reepicheep.Anything that makes murdering another person easier is wrong. Anything that allows the honest citizen to exercise his right to defend his life, liberty and property without fear of unjustified prosecution is a very good thing indeed.
At the pretrial hearing, the prosecution usually has to present evidence to show that they have a decent chance of obtaining a guilty verdict and are not wasting the court’s time. “Stand Your Ground” was an exception because the defendant was admitting that he killed someone (doing a major part of the prosecutor’s work) but that he had a justified reason. The defendant obviously has to prove this at trial. This law basically requires the prosecution to present evidence they should already have before they even think about a trial. It gives the honest citizen the same protections that are afforded to the vicious predator he shot.
“Vicious Predator.”

That’s part of the problem I have with this. You are assuming off the beginning that that the killed party was a criminal who got what he/she deserved.

Abuse and manipulation of this is almost guaranteed. And pardon my lack of faith in my fellow man, but I am not as confident of the inability of people to use this for abuse. But that’s me, I guess. :)🙂
 
Outside of a few bad western movies, and maybe one or two good ones, when has this ever happened?
Also a few movie crime thrillers. :p:o

Seriously-------

Just because it has never happened, does not mean it cannot happen. And also that it SHOULD happen. And AGAIN-------I am not a bleeding heart liberal.
 
Also a few movie crime thrillers. :p:o

Seriously-------

Just because it has never happened, does not mean it cannot happen. And also that it SHOULD happen. And AGAIN-------I am not a bleeding heart liberal.
I’m having a hard time envisioning a scenario where it would work, even if someone did it, which, as you concede, has never happened. I very much doubt that somebody bent on murder was on waiting for a very minor change to the “Stand Your Ground” law to do it.
 
“Vicious Predator.”

That’s part of the problem I have with this. You are assuming off the beginning that that the killed party was a criminal who got what he/she deserved.

Abuse and manipulation of this is almost guaranteed. And pardon my lack of faith in my fellow man, but I am not as confident of the inability of people to use this for abuse. But that’s me, I guess. :)🙂
This law only requires the prosecution to present evidence that they should already have. No abuse or manipulation is possible.
 
This law only requires the prosecution to present evidence that they should already have. No abuse or manipulation is possible.
Ok, but you can bet a lot of groups are going to offer objections to it. Some would say if this law had been in place back when Trayvon was shot, there would have been a good chance that Zimmerman would never have been charged. And whatever your opinion or my opinion on this (I have ceased to argue about such things for a while now), many people DO say there was evidence of malfeasance on the part of Zimmerman on the case and that it was an unjust shooting. But what’s done is done and he is a free man. Fine.

Just yesterday I had a close friend argue that this was passed to make it harder for prosecutors to prove a case, particularly when the evidence is “ambiguous.”

Take of that what you will. All I hope is that this comes out for the benefit of EVRYONE in Florida. 😊🤷
 
Ok, but you can bet a lot of groups are going to offer objections to it. Some would say if this law had been in place back when Trayvon was shot, there would have been a good chance that Zimmerman would never have been charged. And whatever your opinion or my opinion on this (I have ceased to argue about such things for a while now), many people DO say there was evidence of malfeasance on the part of Zimmerman on the case and that it was an unjust shooting. But what’s done is done and he is a free man. Fine.

Just yesterday I had a close friend argue that this was passed to make it harder for prosecutors to prove a case, particularly when the evidence is “ambiguous.”

Take of that what you will. All I hope is that this comes out for the benefit of EVRYONE in Florida. 😊🤷
I would tell your friend that the prosecution has to prove guilt beyond a reasonable doubt. If the evidence is ambiguous, that is clearly not possible and the case ought to be dismissed.

“Stand Your Ground” was never the issue in the Zimmerman case. I have to ask though, do you know what “Stand Your Ground” specifically refers to?
 
I would tell your friend that the prosecution has to prove guilt beyond a reasonable doubt. If the evidence is ambiguous, that is clearly not possible and the case ought to be dismissed.

“Stand Your Ground” was never the issue in the Zimmerman case. I have to ask though, do you know what “Stand Your Ground” specifically refers to?
Since you know about this more than me (apparently), then by all means enlighten me.

The above sentence is NOT being sarcastic, just in case.

I mean it. 👍👍
 
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