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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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"And how we burned in the camps later, thinking: What would things have been like if every Security operative, when he went out at night to make an arrest, had been uncertain whether he would return alive and had to say good-bye to his family? Or if, during periods of mass arrests, as for example in Leningrad, when they arrested a quarter of the entire city, people had not simply sat there in their lairs, paling in terror at every bang of the downstairs door and at every step on the staircase, but had understood they had nothing left to lose and had boldly set up in the downstairs hall an ambush of half a dozen people with axes, hammers, pokers, or whatever else was at hand? [...] The Organs would very quickly have suffered a shortage of officers and transport and, notwithstanding all of Stalin's thirst, the cursed machine would have ground to a halt!" —Alexander Solzhenitsyn, The Gulag Archipelago (Chapter 1 "Arrest") |
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