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The
Below Comments Relate to this Newslink:
FL: Florida’s Stand Your Ground Law Is Unconstitutional, Miami’s Top Prosecutor Tells High Court
Submitted by:
Mark A. Taff
Website: http://www.marktaff.com
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A South Florida organization of prosecutors that includes Miami-Dade State Attorney Katherine Fernandez Rundle is telling the Florida Supreme Court that the latest version of the state’s controversial “Stand Your Ground” self-defense law is unconstitutional.
The League of Prosecutors, in newly filed court documents, asked justices to strike down the law because it unlawfully forces state attorneys to try cases involving self-defense claims before a judge, not a jury. “There is nothing specialized or unique about this defense that the common juror cannot understand,” according to the brief filed late Friday. |
Comment by:
PHORTO
(11/1/2018)
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*BZZZZZZT!* Personal foul, offense, 15 yards from the spot of the foul.
As usual, these statists miss (or ignore) the point.
The point is that where there is sufficient exculpatory evidence to justify a claim of self-defense, the defendant should not be subjected to the costs of an attorney and trial, the likely loss of income, the reputational damage of the negative publicity and the acute anxiety and burden on his/her family pursuant to being charged with a crime.
That is the law's purpose, and it is an irrefutable argument.
But to statists the government, not the people, is the center of the universe. |
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QUOTES
TO REMEMBER |
I do believe that where there is a choice only between cowardice and violence, I would advise violence. Thus when my eldest son asked me what he should have done had he been present when I was almost fatally assaulted in 1908 [by an Indian extremist opposed to Gandhi's agreement with Smuts], whether he should have run away and seen me killed or whether he should have used his physical force which he could and wanted to use, and defend me, I told him it was his duty to defend me even by using violence. Hence it was that I took part in the Boer War, the so-called Zulu Rebellion and [World War I]. Hence also do I advocate training in arms for those who believe in the method of violence. I would rather have India resort to arms in order to defend her honor than that she should in a cowardly manner become or remain a helpless witness to her own dishonor. — Mohandas K. Gandhi, Young India, August 11, 1920 from Fischer, Louis ed.,The Essential Gandhi, 1962 |
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