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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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| ...If a man lies under oath or procures the lie of another under oath, if he perjures himself or suborns perjury, he is guilty under the statute law. Under the higher law, under the great law of morality and righteousness, he is precisely as guilty if, instead of lying in a court, he lies in a newspaper or on the stump; and in all probability, the evil effects of his conduct are infinitely more widespread and more pernicious. — Teddy Roosevelt - May 12, 1900 |
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