Court rules Floridas new Stand-Your-Ground law is unconstitutional
Ruling has to do with procedure...
https://thinkprogress.org/florida-stand-your-ground-unconstitutional-47396150ae4f
Court rules Florida’s new Stand-Your-Ground law is unconstitutional
Last month, Gov. Rick Scott (R-FL) signed a controversial update to the “Stand Your Ground” law, which put the full impetus on prosecutors to disprove a self-defense claim during a pre-trial hearing.
The updated legislation was supported and promoted by the National Rifle Association, who said that it was merely a clarification on the true intent of the “Stand Your Ground” law when it was enacted in 2005. Previously, it was up to defendants to prove that they used force in self defense.
But on Monday, Miami-Dade Circuit Judge Milton Hirsch ruled that the update was unconstitutional, because of the process used to update the law — it should have been done through the Supreme Court, not the legislature according to Florida’s constitution.
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The ruling by Hirsch is considered a victory for prosecutors and gun control advocates, who believe that the updated law Scott signed last month forced prosecutors to essentially try the case twice, once at the pre-trial hearing and then again during the trial. The law requires prosecutors to prove that the defendant was not acting in self defense by showing “clear and convincing” evidence.
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