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The
Below Comments Relate to this Newslink:
FL: Florida’s Stand Your Ground Law Is Unconstitutional, Miami’s Top Prosecutor Tells High Court
Submitted by:
Mark A. Taff
Website: http://www.marktaff.com
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A South Florida organization of prosecutors that includes Miami-Dade State Attorney Katherine Fernandez Rundle is telling the Florida Supreme Court that the latest version of the state’s controversial “Stand Your Ground” self-defense law is unconstitutional.
The League of Prosecutors, in newly filed court documents, asked justices to strike down the law because it unlawfully forces state attorneys to try cases involving self-defense claims before a judge, not a jury. “There is nothing specialized or unique about this defense that the common juror cannot understand,” according to the brief filed late Friday. |
| Comment by:
PHORTO
(11/1/2018)
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*BZZZZZZT!* Personal foul, offense, 15 yards from the spot of the foul.
As usual, these statists miss (or ignore) the point.
The point is that where there is sufficient exculpatory evidence to justify a claim of self-defense, the defendant should not be subjected to the costs of an attorney and trial, the likely loss of income, the reputational damage of the negative publicity and the acute anxiety and burden on his/her family pursuant to being charged with a crime.
That is the law's purpose, and it is an irrefutable argument.
But to statists the government, not the people, is the center of the universe. |
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| QUOTES
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| "Some people think that the Second Amendment is an outdated relic of an earlier time. Doubtless some also think that constitutional protections of other rights are outdated relics of earlier times.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 For those who believe it to be outdated, the Second Amendment provides a good test of whether their allegiance is really to the Constitution of the United States, or only to their preferences in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 If the Second Amendment were truly an outdated relic, the Constitution provides a method for repeal.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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