Perhaps most significantly, the bill injects even more legal protection for defendants by shifting the burden of proof to prosecutors even before trial. It establishes that once defendants make an initial case that they used deadly force in self-defense, the burden falls to the prosecutor to show that “the defendant’s use of force was not lawful.” This is already the burden of proof when Stand Your Ground and all other self-defense claims go to trial. In fact, some have argued that this burden of proof in self-defense cases is what made it so easy for Zimmerman to be acquitted.
via Everything You Need To Know About The Stand Your Ground Bills Advancing In Florida | ThinkProgress.
From Cornell University Law.
BURDEN OF PROOF
Generally used to describe the threshold that a party seeking to prove a fact in court must reach in order to have that fact legally established. For example, in criminal cases, the burden of proving the defendant’s guilt is on the prosecution, and they must establish that fact beyond a reasonable doubt. In civil cases, the plaintiff has the burden of proving his case by a preponderance of the evidence.The burden of proof is often said to be comprised of two distinct but related concepts: theburden of production, and the burden of persuasion.
So, Stand Your Ground is so bad, so evil that we are supposed to toss aside one of the basic tenets of our legal system, the presumption of Innocence, and give the Prosecution a free ride to incarcerate people? How target-fixated these idiots can be that they are ready to cut their noses off to spite the face? Or is it that somehow they think this will never be applied to them because they are special or above reproach?
In a sense, articles like this are a good thing. It shows people how far out of touch and how dangerous this section of the population that claim to be doing things “for the common good” can be.
But we knew it already. I am just amazed that they actually went ahead and confessed it in such an open form.
All the talk in that article about a change in the burden of proof pre-trial is utter nonsense. Both sides at the pre-trial self-defense immunity hearing are trying to convince the judge that 50.0001% of the evidence supports their position.
In addition, keep in mind that the five elements of self-defense–innocence, imminence, proportionality, avoidance, and reasonableness–are cumulative. The defendant must hit that 50.0001% mark on each and every one of those elements, or his claim of self-defense fails.
In contrast, the prosecutors must disprove only ONE of those elements by a preponderance of the evidence to defeat the self-defense immunity claim.
The self-defense immunity statute works as intended–it provides immunity only for the clearly genuine self-defense cases. The sketchy cases are denied immunity and go to trial.
Note that at trial the prosecution must now disprove at least one element of self-defense not merely by a preponderance of the evidence, but beyond a reasonable doubt, a vastly greater hurdle.
–Andrew, @LawSelfDefense
We have been trying to get castle doctrine and stand your ground here in Iowa. Our county attorney here is a gun hater that will let a innocent man sit in jail.
http://robertsgunshop.blogspot.com/2012/02/this-is-reason-we-need-to-get-castle.html
The defender should always have the benefit of the doubt unless they were doing something illegal.
It amazes me how many rights the antis are willing to throw out to nail gun owners to the wall. They attack our freedom of speech, right to a trial, right to privacy, etc. When you get right down to it, anti-gunners aren’t just anti-gun, they are anti-the-Whole-bill-of-Rights, they just start with the 2A.
They’re the actual gun nuts. “When X banned guns, they had less killings with guns.” As if deaths from guns are worse than drunk drivers, clubs, knives or beatings.
They’re obsessed with guns. That’s what makes them dangerous.
What the heck are they talking about??????
One is innocent until proven guilty in a court of law by a jury of thier peers. THATS the way it works in this country and if any body dosn’t like it …….don’t let the door hit you on the way out!!!!