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.
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.