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June 13, 2017, 11:03 PM | #1 |
Senior Member
Join Date: February 22, 2013
Posts: 112
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Florida stand your ground law has changed..
Associated Press) Florida is now the first state with a law that spells out that prosecutors, and not defendants, have the burden of proof in pretrial “stand your ground” hearings.
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. Read more at http://www.wnd.com/2017/06/florida-l...RP0KrXQLvYB.99 I am a Marine Corps Veteran. I protect my home with loaded firearms. I don't wait for the police to show up. I live in a rural area. I would be amazed if they found my in a timely manner. |
June 13, 2017, 11:23 PM | #2 |
Senior Member
Join Date: October 20, 2015
Location: Phoenix, AZ
Posts: 1,203
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And isn't that the side the burden of proof should be on?
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June 14, 2017, 12:00 AM | #3 |
Member
Join Date: January 25, 2017
Location: Washington state
Posts: 86
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^^ this bill seems to be in favor of those who may have to defend themselves, their family and their property. This is further protection from regrettable legal aftermath in the unfortunate event of defending your life in your home.
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June 14, 2017, 02:23 AM | #4 | ||||
Staff
Join Date: November 23, 2005
Location: California - San Francisco
Posts: 9,471
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Quote:
Let's see what the real story is. The Florida bill, SB-128 Burden of Proof adds the following to 776.032 (emphasis added): So first this applies at a pre-trial hearing on the self defense claim, and in order to shift the burden to the prosecution, the defendant must produce evidence sufficient to support prima facie the self defense claim. In general (not State specific) terms in litigating a self defense claim each party has his respective burdens in court of (1) production (producing evidence); (2) proof; and (3) persuasion.
A significant feature of Florida law has been the availability of a pre-trial hearing on the question of justification. That has been in place for a number of years, and worked as follows before this new law was enacted:
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"It is long been a principle of ours that one is no more armed because he has possession of a firearm than he is a musician because he owns a piano. There is no point in having a gun if you are not capable of using it skillfully." -- Jeff Cooper |
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June 14, 2017, 07:03 AM | #5 | |
Senior Member
Join Date: December 17, 2005
Location: Swamp dweller
Posts: 6,187
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Quote:
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June 14, 2017, 10:14 AM | #6 |
Staff
Join Date: November 23, 2005
Location: California - San Francisco
Posts: 9,471
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Folks, this change to the law has nothing whatsoever to do with "stand-your-ground." Let's stay on topic.
__________________
"It is long been a principle of ours that one is no more armed because he has possession of a firearm than he is a musician because he owns a piano. There is no point in having a gun if you are not capable of using it skillfully." -- Jeff Cooper |
June 15, 2017, 08:24 AM | #7 |
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Join Date: December 17, 2005
Location: Swamp dweller
Posts: 6,187
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Correct Frank, folks don't seem to understand how and when and why "stand you ground" was introduced debated and signed into law. Simply put before the law was passed, when out in public (legally allowed to be). If you were attacked and had a CCW you were expected to retreat and withdraw from the situation. I know this is very simplified explanation of the old laws in FLA. Under the castle doctrine law in FLA you were never expected to retreat, so therefore claiming stand your ground is a mute point. The term is way overused here.
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NRA Life Member, NRA Chief Range Safety Officer, NRA Certified Pistol Instructor,, USPSA & Steel Challange NROI Range Officer, ICORE Range Officer, ,MAG 40 Graduate As you are, I once was, As I am, You will be. |
June 15, 2017, 08:22 PM | #8 |
Senior Member
Join Date: July 26, 2005
Location: The Bluegrass
Posts: 9,142
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In my state (Kentucky), once a motion to invoke the immunity is made, the prosecution only has to show the defendant is not immune based upon a probable cause standard. The judge decides the issue with only the evidence already in the record --- primarily police reports and the like. The defendant cannot even file affidavits.
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