Tags: Gun Control | Gun Rights | miami | stand your ground | unconstitutional

Miami Judge: New Stand Your Ground Law Unconstitutional

Image: Miami Judge: New Stand Your Ground Law Unconstitutional
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Monday, 03 Jul 2017 01:15 PM

A judge ruled Monday that Florida's lawmakers overstepped their authority in updating the state's "stand your ground" ruling.

In ruling the law unconstitutional, Miami-Dade Circuit Judge Milton Hirsch said Monday that the changes should have been crafted by the Florida Supreme Court instead of by the legislature.

The Miami Herald reports that the 14-page order is a victory for prosecutors who have firmly opposed the law. Critics have said the law makes it easier for defendants to get away with murder and other violent crimes.

The legislature modified the 2005 statute and Gov. Rick Scott signed it into law in June. The bill was backed by the National Rifle Association.

The controversial law has long 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. Prosecutors said the law made it easier for judges to dismiss criminal charges if they believe someone acted in self-defense.

The Herald reports that in Miami-Dade County, judges have tossed out several high-profile murder cases after pre-trial immunity hearings. But they've also allowed others to go to a jury. Now, the new law requires prosecutors to shoulder the burden of disproving a self-defense claim. State attorneys have said that essentially forces them to unfairly try a case twice, making it easier for criminals to escape justice.

Under the law, prosecutors must prove by "clear and convincing" evidence that someone wasn't acting in self-defense.

The judge's ruling likely will lead to legal wrangling in the appellate courts and the Florida Supreme Court. Kylie Mason, a spokeswoman for Attorney General Pam Bondi, told The Associated Press they would appeal the order.

Scott spokesman John Tupps also said the governor's office is reviewing the judge's ruling.

The 2012 killing in Florida of unarmed teenager Trayvon Martin by neighborhood watch volunteer George Zimmerman opened a debate about the limits of self-defense, and it hasn't let up since. Zimmerman was acquitted of second-degree murder after jurors received instructions on Florida's "stand your ground" law.

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A judge ruled Monday that Florida's lawmakers overstepped their authority in updating the state's "stand your ground" ruling.
miami, stand your ground, unconstitutional
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2017-15-03
Monday, 03 Jul 2017 01:15 PM
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