SB 128 Passes — Florida Prosecutors Will Have To Prove A Defendant Cannot Claim ‘Stand Your Ground’ Rather Than Making The Defendant Prove He Can

By James England

TALLAHASSEE, FLORIDA — The burden of proof has shifted in Florida from the defense to the prosecution to prove ‘stand your ground’. Florida Senate Bill 128 was approved 23-15. Senate Democrats were the main block against the bill but, with the law passing the Senate, it appears prosecutors are going to have to spend more time and resources to prove that the defendant can not use a ‘stand your ground’ defense.

‘Stand Your Ground’ generally refers to a set of laws that basically say so long as a person has every legal right to be at a certain place, he has no duty to retreat from a threat. Because he has no duty to retreat, he can choose to defend himself from what he perceives as that threat. This used to be an argument, in Florida, so defendants could file a motion to dismiss homicide-related charges. Now, it will need to be a main crux in the prosecution’s case.

As we covered in a case involving a former police captain fatally shooting a fellow movie-goer, ‘stand your ground’ can be overturned by a judge. It’s not a ‘fail safe’ for people that shoot other people. In fact, when evidence proves the …Read the Rest

Source:: Concealed Nation