Posted March 16, 2017 9:20 am by Comments

By Chris Eger

Florida state Sen. Rob Bradley, R-Fleming Island, is backing a move that will switch the onus of proof in pre-trial SYG immunity hearings to prosecutors. (Photo: Sen. Bradley)
In a Republican-heavy vote, lawmakers on Wednesday gave their approval to a bill that clarifies the state’s burden of proof in self-defense cases.
The legislation, SB 128, which expands justifiable homicide protections in Florida, was approved 23-15. The measure clarifies that the government, not the accused, has the burden of proof in a “Stand Your Ground” immunity hearing, and supporters of the effort feel this should have been the case all along.
“A defendant always has the presumption of innocence and the state always has a burden of proof,” said state Sen. Rob Bradley, R-Fleming Island, sponsor of the bill, in a statement. “This fundamental premise is guaranteed in our Constitution and understood intuitively by all Floridians. Fidelity to the Constitution is our most important responsibility as legislators, and I am pleased to see this legislation earn the support of my Senate colleagues today.”
Bradley’s bill shifts the burden of proof to prosecutors, forcing them to establish beyond a reasonable doubt before going to trial that the defendant could not claim self-defense.
The state legislature in 2005

Source: Guns.com

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