Stand Your Ground Law? Not in Florida!
‘Stand your ground’ law in Florida ruled unconstitutional by judge
A judge in Florida ruled Monday that the state’s updated “stand your ground” law, which required prosecutors to disprove a defendant’s self-defense case at pretrial hearings, is unconstitutional, setting up a showdown that will more than likely make its way to the state’s top court Fox News Reported.
A stand–your–ground law (sometimes called “line in the sand”, “Castle Doctrine” or “no duty to retreat” law) is a justification in a criminal case, whereby defendants can “stand their ground” and use force without retreating, in order to protect and defend themselves or others against threats or perceived threats.
Miami-Dade Circuit Judge Milton Hirsch ruled that the amendment to the law allowed lawmakers to overstep their authority, adding that it should have been crafted by the Florida Supreme Court in the first place, The Miami Herald reported.
“As a matter of constitutional separation of powers, that procedure cannot be legislatively modified,” Hirsch wrote.
The law was first passed in 2005 and it gave people the right to “shoot first” if they believed their lives were in danger at that moment. It also gave judges the right to dismiss charges against the defendant if they believed reasonable self-defense was used in the case.
“A person is justified in the use of deadly force and does not have a duty to retreat if: He or she reasonably believes that such force is necessary to prevent imminent death or great bodily harm to himself or herself,” the Florida law states.
*EDITORIAL NOTE* This issue is far from over in the state of Florida. This will ultimately move up to the state Supreme Court. I feel that this is just one idiot judge trying to make a name for himself, and hopefully, it will come back to bite him in the back side.
Much of the controversy over this law references the George Zimmerman/Trayvon Martin incident back in 2012.
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