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The
Below Comments Relate to this Newslink:
FL: Fla. to Expand Self Defense Immunity
Submitted by:
Mark A. Taff
Website: http://www.marktaff.com
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While at least 22 states have similar laws that say people can use force --- even deadly force --- to defend themselves from threats, Florida could soon be the only one that spells out that prosecutors have to prove defendants weren't acting in self-defense before taking someone to trial.
That's under a bill sponsored by Republican Sen. Rob Bradley, who says his legislation "isn't a novel concept."
"We have a tradition in our criminal justice system that the burden of proof is with the government from the beginning of the case to the end," he said. |
Comment by:
PHORTO
(3/2/2017)
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"The Progressive Farmer"?
'Nuff said.
If the elements of self-defense are present as indicated by forensic evidence and/or witness testimony, the prosecution should be forced to acknowledge them a priori and the action should be dismissed with prejudice. That's what the whole SYG thing is about.
All the news media portray this as "shifting the burden", but it actually is RESTORING the burden where it belongs, and where it was always intended to be by the law. |
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"Some people think that the Second Amendment is an outdated relic of an earlier time. Doubtless some also think that constitutional protections of other rights are outdated relics of earlier times. We The People own those rights regardless, unless and until We The People repeal them. For those who believe it to be outdated, the Second Amendment provides a good test of whether their allegiance is really to the Constitution of the United States, or only to their preferences in public policies and audiences. The Constitution is law, not vague aspirations, and we are obligated to protect, defend, and apply it. If the Second Amendment were truly an outdated relic, the Constitution provides a method for repeal. The Constitution does not furnish the federal courts with an eraser." --9th Circuit Court Judge Andrew Kleinfeld, dissenting opinion in which the court refused to rehear the case while citing deeply flawed anti-Second Amendment nonsense (Nordyke v. King; opinion filed April 5, 2004) |
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