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The
Below Comments Relate to this Newslink:
FL: Brevard County Stand Your Ground case shows changes to the law must be undone
Submitted by:
Mark A. Taff
Website: http://www.marktaff.com
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There
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It’s understandable that Sheriff Wayne Ivey is unhappy with the 5th District Court of Appeals’ ruling dismissing charges against John DeRossett, accused of shooting a Brevard County deputy during a botched arrest in 2015. I’d feel the same in his position.
Like Ivey, I also support the Stand-Your-Ground law — its original version and part of the current version. The District Court reached the only decision it could under the current statute. Under the original one, the court may have reached a different result. |
Comment by:
PHORTO
(4/23/2020)
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Disagree.
When fundamental rights are in the balance, the burden is ALWAYS on the state to present clear and convincing evidence sufficient to merit a charge. At trial, the burden is on the state to prove guilt beyond a reasonable doubt.
This is as it should be, compelling the state to act pursuant to the presumption of innocence.
The amendment didn't bollix the law, it repaired it. |
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QUOTES
TO REMEMBER |
The right of the people to keep and bear arms shall not be infringed.' The right of the whole people, old and young, men, women and boys, and not militia only, to keep and bear arms of every description, and not such merely as are used by the militia, shall not be infringed, curtailed, or broken in upon, in the smallest degree; and all this for the important end to be attained: the rearing up and qualifying a well-regulated militia, so vitally necessary to the security of a free State. Our opinion is that any law, State or Federal, is repugnant to the Constitution, and void, which contravenes this right. [Nunn vs. State, 1 Ga. (1 Kel.) 243, at 251 (1846)] |
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