Use or Threatened Use of Force: Revising the standard under which a person is justified in using or threatening to use nondeadly or deadly force from a person’s reasonable belief to the objective belief of a reasonably cautious and prudent person in the same circumstances; revising the burden of proof from clear and convincing evidence to a preponderance of the evidence which the party seeking to overcome immunity from criminal prosecution under a specified provision must prove, etc.
A reader gave his opinion about this bill and I decided to seek advice from our favorite lawyer, Andrew Branca. He has been kind enough to make a whole post in his blog about it.
POTD: More Politically-motivated Attacks on Self-Defense Law
It is ironic that even as the racial grievance industrial complex seeks to narrow the scope of what qualifies as self-defense, it is black citizens who are disproportionately the targets of violent crime,. It is thus black citizens who are disproportionately faced with the need to act in self-defense. It is thus black citizens who would be disproportionately increasingly likely to be convicted and imprisoned under the narrowed scope of self-defense sought than they would under the current broader scope of self-defense.
Racist, indeed, but not in the way the racial grievance industry pretends to be the case.
Now a state Senator in Florida—Oscar Braynon, a Democrat, naturally, who happens to be black and representing a largely black district—has advanced Senate Bill 636 to narrow the scope of that’s state’s self-defense law, with essentially three specific proposed policy changes. (The full text of SB 636 is embedded at the bottom of this post.)
Two of the changes SB 636 proposes appear to my eye to be of no actual consequence, and thus can be characterized as little more than political theater. The third would have actual consequence, but only the consequence of reverting Florida’s self-defense immunity law to a previous failed version.
Let’s consider each of the proposed changes in turn.
Go read the whole thing. Again on Monday I will remind you to contact our legislators.