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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 |
Besides the advantage of being armed, which the Americans possess over the people of almost every other nation, the existence of subordinate governments, to which the people are attached, and by which the militia officers are appointed, forms a barrier against the enterprises of ambition, more insurmountable than any which a simple government of any form can admit of. Notwithstanding the military establishments in the several kingdoms of Europe, which are carried as far as the public resources will bear, the governments are afraid to trust the people with arms. — James Madison, The Federalist Papers, No. 46 |
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