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Reuters: Florida governor signs bolstered 'stand your ground' law


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http://www.reuters.com/article/us-florida-guns-idUSKBN19033X?utm_campaign=trueAnthem:+Trending+Content&utm_content=593b61e004d3010325363e3b&utm_medium=trueAnthem&utm_source=twitter

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Florida governor signs bolstered 'stand your ground' law

 

Florida Governor Rick Scott signed amended "stand your ground" legislation on Friday, making it easier for defendants in the state to successfully claim they were protecting themselves when they commit violence.

 

Previously, the law required defendants to prove that they were using force in self-defense. The new law shifts the burden of proof in pretrial hearings to prosecutors, rather than defendants, to prove whether force was used lawfully.

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Scott, a Republican, signed the amended legislation into law along with a spate of other measures passed this week in a special session of the state's legislature. The measure was largely passed by party-line vote in the legislature.

 

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So now every murder case puts an additional burden on the state to prove, not only this person murdered this other person, but that it couldn't have been in self defense?

 

Seems poorly thought through, but I'm not a lawyer.

 

Curious what issue was pitched to resolve...

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1 hour ago, tshile said:

So now every murder case puts an additional burden on the state to prove, not only this person murdered this other person, but that it couldn't have been in self defense?

 

Seems poorly thought through, but I'm not a lawyer.

 

Curious what issue was pitched to resolve...

 

The issue of shootings in self defense being charged with murder.

 

If you do not have sufficient evidence you should not charge....really quite simple.

It is a undue burden on a basic right.....like a poll tax.

 

pretty sure it is the more likely than not standard.

 

add

 It really does not add to the State's burden of proof(just requires it exist earlier), it reduces the State's ability to indict a ham sandwich

 

 

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1 hour ago, nonniey said:

OK I know you all automatically reacted negatively to this but really this has no effect. Prosecutors were under this constraint anyway. This was just a political stunt by Scott.

 

It has no effect except..... on overzealous prosecution.

1 hour ago, TryTheBeal! said:

 

Black people ages 10 and up are scary and have super powers.

 

I thought black people were disproportionately affected by overzealous prosecution?

 

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26 minutes ago, PokerPacker said:

Well, I mean, isn't "innocent until proven guilty" one of the cornerstones of our legal system?

 

I was going to say the same thing, more or less.

 

Shouldn't it already be upon the state to prove that the charges of murder are actually that anyhow?  This new law just seems redundant.

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1 hour ago, PokerPacker said:

Well, I mean, isn't "innocent until proven guilty" one of the cornerstones of our legal system?

 

1 hour ago, Popeman38 said:

Only when it's something I agree with. 

...and when a certain threshold of melanin isn't reached.

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4 hours ago, Springfield said:

 

I was going to say the same thing, more or less.

 

Shouldn't it already be upon the state to prove that the charges of murder are actually that anyhow?  This new law just seems redundant.

Where I live, according to how I understand it, the state just has to prove you killed the person. Which in self defense cases is not really in dispute. You have to prove you did it for lawful reasons.

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This is about the charging stage, some prosecutors prefer to charge despite evidence it was more likely than not self defense.

which places a undue burden on the defendant.

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