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The
Below Comments Relate to this Newslink:
FL: Burden of proof change sought in self-defense cases
Submitted by:
Mark A. Taff
Website: http://www.marktaff.com
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are 2 comments
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A controversial proposal to shift the burden of proof in "stand your ground" self-defense cases has been refiled in the Florida Senate.
Fleming Island Republican Rob Bradley on Thursday filed the measure (SB 128) for the 2017 legislative session, which starts in March. The bill would shift the burden of proof to prosecutors during evidentiary hearings in self-defense cases.
The bill stems from a Florida Supreme Court ruling in 2015 that said defendants have the burden of proof to show they should be shielded from prosecution under the "stand your ground" law. |
Comment by:
Sosalty
(12/9/2016)
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Laws that convict otherwise law abiding responsible citizens are simple entrapment and in this area, an infringement to our right to self defense. If a criminal acts so to trigger a possible need for defensive action, the burden should be entirely on the perp, not the regular guy who wishes to be responsible by carrying. |
Comment by:
PHORTO
(12/9/2016)
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"controversial"?
THAT WAS THE LAW'S INTENDED PURPOSE FROM JUMP STREET.
It is the FLSC that legislated from the bench. |
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QUOTES
TO REMEMBER |
As an individual, I believe, very strongly, that handguns should be banned and that there should be stringent, effective control of other firearms. However, as a judge, I know full well that the question of whether handguns can be sold is a political one, not an issue of products liability law, and that this is a matter for the legislatures, not the courts. The unconventional theories advanced in this case (and others) are totally without merit, a misuse of products liability laws. — Judge Buchmeyer, Patterson v. Gesellschaft, 1206 F.Supp. 1206, 1216 (N.D. Tex. 1985) |
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