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The
Below Comments Relate to this Newslink:
FL: Burden of proof change sought in self-defense cases
Submitted by:
Mark A. Taff
Website: http://www.marktaff.com
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A controversial proposal to shift the burden of proof in "stand your ground" self-defense cases has been refiled in the Florida Senate.
Fleming Island Republican Rob Bradley on Thursday filed the measure (SB 128) for the 2017 legislative session, which starts in March. The bill would shift the burden of proof to prosecutors during evidentiary hearings in self-defense cases.
The bill stems from a Florida Supreme Court ruling in 2015 that said defendants have the burden of proof to show they should be shielded from prosecution under the "stand your ground" law. |
| Comment by:
Sosalty
(12/9/2016)
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| Laws that convict otherwise law abiding responsible citizens are simple entrapment and in this area, an infringement to our right to self defense. If a criminal acts so to trigger a possible need for defensive action, the burden should be entirely on the perp, not the regular guy who wishes to be responsible by carrying. |
| Comment by:
PHORTO
(12/9/2016)
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"controversial"?
THAT WAS THE LAW'S INTENDED PURPOSE FROM JUMP STREET.
It is the FLSC that legislated from the bench. |
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| QUOTES
TO REMEMBER |
| I do believe that where there is a choice only between cowardice and violence, I would advise violence. Thus when my eldest son asked me what he should have done had he been present when I was almost fatally assaulted in 1908 [by an Indian extremist opposed to Gandhi's agreement with Smuts], whether he should have run away and seen me killed or whether he should have used his physical force which he could and wanted to use, and defend me, I told him it was his duty to defend me even by using violence. Hence it was that I took part in the Boer War, the so-called Zulu Rebellion and [World War I]. Hence also do I advocate training in arms for those who believe in the method of violence. I would rather have India resort to arms in order to defend her honor than that she should in a cowardly manner become or remain a helpless witness to her own dishonor. — Mohandas K. Gandhi, Young India, August 11, 1920 from Fischer, Louis ed.,The Essential Gandhi, 1962 |
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