Miami judge rules Floridas new Stand-Your-Ground law is unconstitutional

[QED]

Source: Miami Herald

Florida’s updated “Stand Your Ground” self-defense law is unconstitutional, a Miami judge ruled on Monday.

Miami-Dade Circuit Judge Milton Hirsch ruled that lawmakers overstepped their authority in creating the law this year that forces prosecutors to disprove a defendant’s self-defense claim at a pre-trial hearing.

The judge ruled that under Florida’s constitution, that change should have been crafted by the Florida Supreme Court, not the Legislature.

“As a matter of constitutional separation of powers, that procedure cannot be legislatively modified,” Hirsch wrote in a 14-page order.

Read more: http://www.miamiherald.com/news/local/crime/article159394094.html

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Glad to read this. The law was insane to begin with and then forcing prosecutors to prove a negative beyond insane.

[katmondoo]

1. The first good news I have heard all day

[lark]

2. Praises for SANITY and the good Miami judge.

Boo hiss for the idiotic Florida legislature and their pro-killing efforts.

[Orrex]

3. How many death threats has Hirsch received since this ruling?

[leftieNanner]

11. My thoughts

Exactly.

[Iggo]

12. SYG is a death threat.

All of Florida is under a running, blanket death threat.

[Orrex]

13. Mostly for minorities, though...

[Iggo]

15. Yup.

SYG is definitely NOT designed to protect minorities.


(LOL. My autocorrect changed SYG to DUH.)

[Nitram]

4. So the system hasn't broken down entirely. Good news.

[Chasstev365]

5. Too Late for poor Travon Martin and his family

I am still sickened by it years later. How any jury could have acquitted George Zimnerman in incomprehensible.

[elias7]

8. Actually the law that acquitted Zimmerman would be the fallback.

Legislature tried to make it so defendant could not only claim it, but didn't have to prove it, rather prosecutor has to disprove it. Like innocent until proven guilty. Self defense until proven otherwise.

[Dr Hobbitstein]

9. Zimmerman didn't use SYG law.

He's a murderous fuck who walks free, but he did not invoke SYG.

http://abcnews.go.com/US/floridas-stand-ground-law-determine-zimmerman-dunn-cases/story?id=22543929

[B Stieg]

17. He didn't need to

https://thinkprogress.org/why-stand-your-ground-is-central-to-george-zimmermans-case-after-all-e44da7e3856b

It's in the jury instructions...

[IronLionZion]

6. Dead people can't be witnesses

we'll never hear their side of the story. Anyone can feel scared at any time. That doesn't justify using deadly force to kill someone and then claim self defense.

[HAB911]

7. K&R

[FM123]

10. As a Floridian, every time I see my state in a news headline, I flinch...

Unfortunately we are known for world class crazy antics so imagine my surprise and relief to read about the law 😀

[Iggo]

14. I feel ya.

It was California for the longest time, with our hippies and our communes and our cell phones and our lattes.

We seem to be mostly past that now. (And most of that was before the internet.)

[keithbvadu2]

16. Who's on first?