Stand your ground has always been controversial and this week's ruling by a Miami judge will only add fuel to the controversy and debate. Miami-Dade Circuit Judge Milton Hirsch wrote that Florida legislators overstepped their authority when they passed a bill that many prosecutors criticized. Under the law, prosecutors must prove by "clear and convincing" evidence that someone wasn't acting in self-defense, a standard prosecutors believe provide a legal loophole for people who commit crimes … [Read more...]
Burden of Proof Shifts in Florida Stand Your Ground Cases
Florida Governor Rick Scott has signed legislation into law that essentially shifts the burden of proof from defendant to prosecutor in "Stand Your Ground" cases. This is a significant shift in the law since prior to this bill's signing the Florida Supreme Court had ruled in 2015 that defendants have to prove in pretrial hearings that they were defending themselves in order to avoid prosecution on charges for a violent act. Prosecutors fought the bill claiming that it will make their job much … [Read more...]
