Florida’s new law in 'stand your ground' cases
Florida’s new law shifts burden of proof in ‘stand your ground’ cases.
Florida residents forced to defend themselves got a new measure of protection on Friday.
Gov. Rick Scott signed a bill that emphasizes that those who protect themselves with deadly force, commonly known as the ‘Stand Your Ground’ law, are innocent until proven guilty.
The new law requires prosecutors to prove that a defendant was not acting in self defense, rather than the previous standard where the defendant had to prove they used violence to defend themselves, Sunshine State News reported.
The bill was passed by Republicans in the states Congress along party lines. It followed a decision by the Florida Supreme Court that said defendants had to prove they acted in self defense.
Florida’s ‘Stand Your Ground’ rule gained national attention in 2014 when neighborhood watch member George Zimmerman shot and killed black teenager Trayvon Martin.
Responses to the new law varied.
“When prosecutors and judges use procedures to circumvent the rights of law-abiding people and the will of the Legislature, it cannot be tolerated,” former National Rifle Association President Marion Hammer said. “Procedures do not have the weight of law and the Legislature and the Governor have erased their abusive procedures in self-defense cases and have legislatively made sure these rights are reinstated.”
Lucy McBath, the mother of Jordan Davis was killed by a man who used the ‘Stand Your Ground’ defense, said the law will put people in danger.
“Expanding Stand Your Ground would send a clear message to communities of color in Florida – that we are not welcome or safe in this state,” she said.
“This new law will only encourage more violence, making it easier for hate-motivated gun criminals to avoid prosecution,” she added. “More than 8,000 gun-related hate crimes take place in our country every year, and now with this already deadly law expanded, I fear even more violence for Florida’s marginalized communities. The citizens of Florida deserve better than someone who kowtows to the gun lobby.”
Living in " duty to retreat " New York State, 68 yr old, 2 spinal surgeries,way overweight, atrophied strenghth, l believe l need to take a pretty good beating and prove l tried to get away before l am justified to use " deadly force " to defend myself.
Living in " duty to retreat " New York State, 68 yr old, 2 spinal surgeries,way overweight, atrophied strenghth, l believe l need to take a pretty good beating and prove l tried to get away before l am justified to use " deadly force " to defend myself.
Well, why would anyone have a problem with this amendment to the law? Well people who commit crimes are complaining because they feel that this endangers them when they commit acts of violence like robbing and violating people and their domiciles. Why would someone make a statement that this would send a sign that minorities would not be welcome in the state? Is she making a blanket statement saying that minorities “have to” commit crimes such as robbery and home invasions? As a minority, I am offended by their comments because they imply that we are the only ones who commit crimes as well as implying that it is wrong as a law abiding person to defend oneself when someone threatens your life. She implies that it is almost a granted or right for minorities to commit these crimes with no recourse of responsibility for their actions. I for one value the 2nd amendment that guarantees me the right to defend myself from enemies both foreign and domestic.
If you plan to commit a crime know there are a lot of people carrying a weapon and hopefully they are trained to use it and that is who this law is supposed to protect!
thank goodness for the clearer thinkers in our state.
Here was an example of a law that clearly protected everyone and particularly well, minorities, who could finally stand firm against oppression.
And who tries to squash it… a party who claims to stand for minorites.
Thank you Florida Republicans and Governor Scott…. greatly appreciated for looking out for rights of all Americans.!!
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