Florida law shifts burden of proof in ‘stand your ground’

TALLAHASSEE, Fla. (AP) — Florida became the first state with a law that spells out that prosecutors, and not defendants, have the burden of proof in pretrial “stand your ground” hearings when Republican Gov. Rick Scott signed a bill Friday.

The measure was among 16 bills that Scott signed, including a bill that gives students and school employees a broader right to express their religious viewpoint in schools.

The “stand your ground” bill was fought by prosecutors who say it will make their job more difficult to convict people who commit acts of violence and claim self-defense.

The Florida Supreme Court ruled in 2015 that defendants have to prove in pretrial hearings that they were defending themselves in order to avoid prosecution on charges for a violent act.

That led Republicans to seek to shift that burden. They argued that it protects a defendant’s constitutional right that presumes they are innocent until proven guilty. But opponents said it will embolden people to shoot to kill, and then claim self-defense knowing that the only witness against them can no longer testify.

Only four of the other 21 states with “stand your ground” laws mention burden of proof – Alabama, Colorado, Georgia and South Carolina – and all place it on defendants.

Many states have long invoked “the castle doctrine,” allowing people to use deadly force to defend themselves in their own homes.

Florida changed that in 2005, so that even outside a home, a person has no duty to retreat and can “stand his or her ground” anywhere they are legally allowed to be. Other states followed suit, and “stand your ground” defenses became much more common in pre-trial immunity hearings and during trials.

The 2012 killing of unarmed teenager Trayvon Martin by neighborhood watch volunteer George Zimmerman opened a debate about the limits of self-defense, and it hasn’t let up since Zimmerman was acquitted of second-degree murder after jurors received instructions on Florida’s “stand your ground” law.

VIDEO – FROM AFP news agency – CHECK OUT THEIR SITE.

SHARE
Jim Williams is the Washington Bureau Chief, Digital Director as well as the Director of Special Projects for Genesis Communications. He is starting his third year as part of the team. This is Williams 40th year in the media business, and in that time he has served in a number of capacities. He is a seven time Emmy Award winning television producer, director, writer and executive. He has developed four regional sports networks, directed over 2,000 live sporting events including basketball, football, baseball hockey, soccer and even polo to name a few sports. Major events include three Olympic Games, two World Cups, two World Series, six NBA Playoffs, four Stanley Cup Playoffs, four NCAA Men’s National Basketball Championship Tournaments (March Madness), two Super Bowl and over a dozen college bowl games. On the entertainment side Williams was involved s and directed over 500 concerts for Showtime, Pay Per View and MTV Networks.