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Burden Of Proof Change Sought In Self Defense Cases
December 12, 2016
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 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. In “stand your ground” cases, pre-trial evidentiary hearings are held to determine whether defendants should be immune from prosecution.
“The government has the burden of proof in a criminal case from the beginning of a case until the end,” Bradley said in a prepared statement. “This fundamental premise is guaranteed in our Constitution and understood intuitively by all Floridians.”
The same proposal passed the Senate during the 2016 session but failed to get to the House floor. Bradley’s bill joins other gun-related measures filed for the 2017 session. Rep. Scott Plakon, R-Longwood, this week filed a bill (HB 6005) that would allow people with concealed-weapons licenses to carry guns while on college and university campuses.
A separate measure (HB 6001) by Rep. Jake Raburn, R-Lithia, would allow people with concealed-weapons licenses to bring guns into the passenger terminals of airports.
by The News Service of Florida
Comments
5 Responses to “Burden Of Proof Change Sought In Self Defense Cases”
The comment about rights being eroded away What do you mean? That sounds like the agenda of FAKE news that has been coming to light and the agenda that caught fire perpetuating more lies; Like the Handsup! Don’t Shoot! LIE that fueled riots and more lies that has caused an endangerment to our police officers and citizens. Our rights are not eroded. That cry is false and down right dangerous.
Criminals need to be stopped, the justice system needs to be tough and the crazy agenda to soften that stance must go!!!! Stand My Ground!!!
I am so tired of people constantly challenging our rights and waddling them away.
Yes, the burden of proof should be on the prosecutor, ESPECIALlY on these cases. Good call Republican Rob Bradley SB 128. The NRA also advises that one keeps their calm when they call 911 if they have had the unfortunate need to exercise thier right of self defense. Perhaps say:
“Man down,– WE are willing to co operate but that is all I have to say at this time. WE are the homeowners and WE feared for OUR LIVES and yes that is OUR gun.” and yes WE are OK. I am going to remain silent now, yet cooperate.”
Stand your ground self-defense cases are the only ones where the “accused” bears the burden to prove their innocence. In every other action, the time-tested and revered axiom of “innocent until proven guilty” places the burden of proof on the prosecution.
The Florida Supreme Court has for years been on the wrong side of the Constitution. To put the burden of proof on a citizen needs to be as intended, on the state.
This needs to be corrected asp.