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Originally Posted by WayneinFL
I understand that in FL, the threshold is reasonable doubt, rather than a preponderance of evidence, even when self defense is used as an affirmative defense, and a SYG hearing is waived. Has this threshold changed as a part of SYG, this being the subject of a change in FL? Or has reasonable doubt always been the standard in FL?
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I don't know about "always," which is a pretty long time, but the current standard in Florida was in place before the "Stand Your Ground" law was enacted in 2005. In a case that predated the SYG law (I can't find the exact date, but the original trial took place before 2005), the 4th District Court ruled (
Murray v. State, 2006) that a defendant only needed to offer some evidence supporting a claim of self-defense; once that was done, the burden was on the state to show beyond a reasonable doubt that the defendant did not act in self-defense.
In most jurisdictions, the burden is on the defendant to prove
by a preponderance of the evidence that he/she acted in self-defense. This is a much lower standard than "beyond a reasonable doubt," but it still places the burden of proof on the defendant. In Florida, the
state has to prove beyond a reasonable doubt that the defendant's claim is false.