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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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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 |
| Those, who have the command of the arms in a country are masters of the state, and have it in their power to make what revolutions they please. [Thus,] there is no end to observations on the difference between the measures likely to be pursued by a minister backed by a standing army, and those of a court awed by the fear of an armed people. — Aristotle, as quoted by John Trenchard and Water Moyle, An Argument Shewing, That a Standing Army Is Inconsistent with a Free Government, and Absolutely Destructive to the Constitution of the English Monarchy [London, 1697]. |
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