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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 |
| To trust arms in the hands of the people at large has, in Europe, been believed...to be an experiment fraught only with danger. Here by a long trial it has been proved to be perfectly harmless...If the government be equitable; if it be reasonable in its exactions; if proper attention be paid to the education of children in knowledge and religion, few men will be disposed to use arms, unless for their amusement, and for the defence of themselves and their country. — Timothy Dwight, Travels in New England and New York [London 1823] |
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