‘Stand Your Ground’ Shift Ready To Pass Senate

January 22, 2016

Taking issue with the Florida Supreme Court, state senators next week could approve a bill that would shift the burden of proof in “stand your ground” self-defense cases. The Senate on Thursday took up the bill (SB 344), filed by Sen. Rob Bradley, R-Fleming Island, and put it in position for a vote as soon as Jan. 28.

The bill stems from a Supreme Court ruling last year that said defendants have the burden of proof of showing they should be shielded from prosecution under the “stand your ground” law. In “stand your ground” cases, pre-trial evidentiary hearings are held to determine whether defendants should be immune from prosecution.

Bradley’s measure would place the burden of proof on prosecutors in the evidentiary hearings.

“It’s a fundamental tenet of our criminal-justice system that the state has the burden of proof throughout the criminal prosecution — you’re innocent until proven guilty, I think we can all agree with that — so this bill applies this fundamental tenet of criminal law to the self-defense immunity hearing,” Bradley said.

But while the Senate appears poised to pass the bill, it remains unclear whether the shift will get approval in the House.

The House version (HB 169), filed by Rep. Dennis Baxley, R-Ocala, was blocked in November by the House Criminal Justice Subcommittee on a 6-6 vote.

by The News Service of Florida

Comments

3 Responses to “‘Stand Your Ground’ Shift Ready To Pass Senate”

  1. Sedition on January 25th, 2016 9:45 am

    Always stand your ground…ESPECIALLY when dealing with a corrupt and un-Constitutional government.
    We are not their subjects.
    They are OUR employees.

  2. Mark on January 24th, 2016 6:39 am

    Better to be judged by 12 than carried by 6!

  3. billy on January 23rd, 2016 9:00 pm

    Stand Your Ground………law or not

Written by William Reynolds · Filed Under News