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Member |
Link From what I've read this judge is a real dink. Hopefully his decision can be appealed and overturned. __________________________________________________________________ Beware the man who has one gun because he probably knows how to use it. | ||
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| Go ahead punk, make my day |
Shocker. | |||
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Wait, what? |
Defending ones self is a right one has despite what any court says. “Remember to get vaccinated or a vaccinated person might get sick from a virus they got vaccinated against because you’re not vaccinated.” - author unknown | |||
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Legalize the Constitution |
That's an interesting view. The judge feels the courts should draft legislation?!? Separation of Powers is pretty sacrosanct in most of the country...there's this document _______________________________________________________ despite them | |||
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| Gracie Allen is my personal savior! |
And separation of powers was the basis for the judge's decision. Hirsch was either as high as a kite or has a remarkably nihilistic sense of humor. Roll on the appeal to the state supreme court. | |||
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Essayons |
So, those of you who are knowledgeable about the current Florida Supreme Court and the politics there surrounding this issue, how is this likely to turn out? Is "Stand Your Ground" irreparibly weakened now in Florida? Or will the Florida Supreme Court bolster the right to self-defense by turning this Miami-Dade Circuit Court judge's decision around? And why do you think it will go the way you predict? Thanks, Sap | |||
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Barbarian at the Gate |
I don't get the original 2015 ruling that shifted the burden of proof to defendants; I thought in any criminal or potential criminal trial the burden of proof always was on the prosecution. “Posterity! You will never know how much it cost the present Generation to preserve your Freedom! I hope you will make good use of it. If you do not, I shall repent in Heaven, that I ever took half the Pains to preserve it.” ― John Adams "Fire can be our friend; whether it's toasting marshmallows, or raining down on Charlie." - Principal Skinner. | |||
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| The Main Thing Is Not To Get Excited  |
I don't know about Florida, but in WA self-defense is an "affirmative defense" which in my very non-legalistic understanding is that the shooter admits that he shot, that he shot on purpose, and he should be held not guilty of a crime because the shooting was required to preserve life or limb of himself or another innocent. He has to prove it was necessary for a reasonable person knowing what he knew at the time. Florida's was better but it's not the end of life as we know it until it gets sorted out. _______________________ | |||
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| I Am The Walrus |
Wow. I read that as the defendant is guilty of murder until proven innocent... _____________ | |||
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Chilihead and Barbeque Aficionado |
The Florida Supreme Court is pretty liberal. I'm being diplomatic. _________________________ 2nd Amendment Defender The Second Amendment is not about hunting or sport shooting. | |||
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Member |
Ah, maybe, maybe not. If I were betting on this one, I'd give it less than a 50/50 shot of being upheld by the Florida Supreme Court. Let's wait and see where it goes... ----------------------------- Guns are awesome because they shoot solid lead freedom. Every man should have several guns. And several dogs, because a man with a cat is a woman. Kurt Schlichter | |||
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| Administrator |
I was thinking the same thing, but then, the quote you are reading is the Miami Herald's interpretation of the judge's comments (not a direct quote). Either way, sounds like the Supreme Court may get their chance. Florida does have intermediate district courts of appeal, but this may be a big enough issue that either side would want it to go all the way (issues of cert. not withstanding). | |||
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Member |
The Dims in the NC state legislature are trying to repeal our stand your ground law (again) and get rid of the immunity from liability for justified use of deadly force. Link | |||
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Info Guru |
Like all liberals today, he referenced Harry Potter in his ruling.  From another article:
Miami Judge References Harry Potter to Strike Down New "Stand Your Ground" Law “Facts are stubborn things; and whatever may be our wishes, our inclinations, or the dictates of our passions, they cannot alter the state of facts and evidence.” - John Adams | |||
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| Member |
That was one of the biggest pieces of drivel I've ever had the misfortune of reading. The author is both liberal, a liar, and a moron. ----------------------------- Guns are awesome because they shoot solid lead freedom. Every man should have several guns. And several dogs, because a man with a cat is a woman. Kurt Schlichter | |||
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| Savor the limelight |
What is being left out here is the part where unarmed teenager was on top of Zimmerman bashing Zimmerman's headl into a concrete sidewalk. Not really a lot of controversy there. | |||
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| Member |
The scary thing is, how can you get an impartial jury if it's already been determined in pre-trial hearings that you are ineligible for self-defense. | |||
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Member |
The conservative Florida Legislature has consistently been chipping away at chapter 776 to stop overzealous prosecutors from prosecuting legitimate self defense cases (like the George Zimmerman case). All the most recent amendment to the law does is remove the burden of proof of innocence from the defendant and place the burden of proof of guilt on the prosecutor. Right where it belongs. Florida's law on justifiable use of force (Florida Statutes chapter 776) is quite clear that you cannot be arrested and you cannot be prosecuted if your use of force is justified under chapter 776. The problem arises when law enforcement determines that the use of force was not justified and there is probable cause that a crime was committed. The defendant in those cases is entitled to a stand your ground hearing where a judge determines if there is probable cause to go forward with a trial, or that the use of force was justified and the charge is dismissed. Some prosecutors are upset that the newly enacted law requires the prosecution to prove that the force was NOT justified, rather than the defendant having to prove it WAS justified. You know, kind of like what the constitution requires. (This does not apply to cases where someone forcibly enters your dwelling or occupied vehicle, or the imminent commission of a forcible felony, in which case you have a presumption of fear). My money is on the law being upheld by the Florida Supreme Court, but we shall see. CMSGT USAF (Retired) Chief of Police (Retired) | |||
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| Do No Harm, Do Know Harm |
Zimmerman's case was not a Stand Your Ground case, as I recall. He was outright attacked and had no opportunity to disengage. Is that correct? Knowing what one is talking about is widely admired but not strictly required here. Although sometimes distracting, there is often a certain entertainment value to this easy standard. -JALLEN "All I need is a WAR ON DRUGS reference and I got myself a police thread BINGO." -jljones | |||
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| Member |
Zimmerman's attorneys never claimed 'Stand Your Ground' as a defense. That was simply the media and anti-gun groups irresponsibly spinning this in a way that supported their agenda. ----------------------------- Guns are awesome because they shoot solid lead freedom. Every man should have several guns. And several dogs, because a man with a cat is a woman. Kurt Schlichter | |||
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