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Marissa Alexander walks with her dad Raoul Jenkins after her sentencing in Jacksonville on Jan. 27, 2015. Bob Mack / Florida Times-Union via AP, file

They're pushing through a bill that would make prosecutors have to prove that the protections shouldn't apply.

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The measure, backed by defense lawyers and opposed by prosecutors, passed the state Senate last week. It will be discussed by a state House of Representatives committee Thursday morning.

Florida's stand-your-ground law, passed in 2005, was the nation's first. Twenty-one states have since followed. The proposed changes would make Florida's law the toughest for prosecutors and could be a harbinger of similar changes nationwide.

One opponent, Democratic state Sen. Audrey Gibson, has called the measure a "get-away-with-murder bill."

Alexander said in an interview this week that she understands that critics believe that stand your ground laws are used to discriminate against minorities, fuel vigilantism and allow criminals to escape prosecution.

But those critics, Alexander says, haven't experienced what she has.

"I didn't get a fair shake," she said.

Alexander, who as the daughter of an Army sergeant grew up around guns, said she knew little about Florida's stand-your-ground law when she was first charged with aggravated assault after she fired at her husband during a confrontation in her Jacksonville home.

She said it was a warning shot, but a judge denied her the chance to use the stand-your-ground defense, saying she didn't do enough to prove she feared for her safety.

She went to trial, where she was convicted of aggravated assault and sentenced to a mandatory minimum 20 years behind bars.

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Alexander believes the current burden of proof, formalized in a 2015 state Supreme Court decision, gives the government too much power and criminalizes domestic violence victims black women in particular.

"My experience was that if a defendant goes into a stand-your-ground case, they have to testify in their own defense," she said. "The burden is on you. You're already behind the eight-ball. You have to prove that you're innocent you're already guilty."

Just last week, a judge

After Alexander's conviction, stand-your-ground advocates rallied behind her, saying the law was being applied unfairly, particularly in comparison with the 2012 shooting of Martin.

Her case also drew attention of Families Against Mandatory Minimums, which lobbied to remove aggravated assaults from crimes that carry mandatory minimum prison terms.

Marissa Alexander looks back to the gallery at the Duval County Courthouse in Jacksonville, Florida, on April 2, 2014. Bob Mack / Florida Times-Union via AP, file

Alexander spent nearly three years in prison before her conviction was overturned. Rather than risk a new trial, she agreed to a plea deal that allowed her to be released to home detention. On Jan. 27, she was allowed to remove her monitoring bracelet, and was free to move around as she wished.

That meant taking her 6-year-old daughter and her 16-year-old twins whom she rarely saw while in prison out into public. She shares custody of the youngest child with her now-ex husband, the man she shot at. The twins are from a prior relationship.

Alexander has started a consulting business, and has accepted invitations to tell her story to audiences around the country. She's working on a memoir.

She has embraced her role as a hero in the justice reform movement, arguing for the repeal of mandatory minimum sentencing laws and speaking on behalf of domestic violence victims. She created a non-profit called the Marissa Alexander Justice Project.

And she has spoken to lawmakers in support of toughening Florida's stand your ground law.

"I think we could at least try to be as fair as possible," she said. "And when we see a situation where the scales are tipped to one side and we can make it more balanced, I think we should give it a try."

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Woman Who Lost Stand Your Ground Case Wants Law ... - NBC News - NBCNews.com

March 24, 2017 9:18 PM

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TALLAHASSEE (CBSMiami/NSF) An appeals court Friday ruled that a woman should not face charges in the shooting of her husband because she was acting in self-defense under Floridas stand your ground law.

A panel of the 5th District Court of Appeal overturned a Brevard County circuit judges ruling that Victoria Reid should stand trial for shooting her husband, James Wesley Reid, in the leg during a domestic dispute.

Victoria Reid was charged with aggravated battery with a firearm while inflicting great bodily harm but argued she should be shielded from prosecution because of the stand your ground law.

The ruling by the three-judge panel said Victoria Reid contended she was in reasonable fear that (James Wesley) Reid was reaching for a firearm when she shot him.

After an evidentiary hearing, a circuit judge denied Victoria Reids request for immunity under the stand your ground law.

But the appeals court pointed to testimony from the couple, a 911 call and the husbands history of drinking in siding with Victoria Reid.

Both parties testified that petitioner (Victoria Reid) was afraid that (James Wesley) Reid was reaching for a firearm when she shot him, the ruling by appeals-court judges Thomas Sawaya and F. Rand Wallis and Chief Judge Jay Cohen said. They also testified that Reid had committed acts of domestic violence against petitioner while he was under the influence of alcohol and that he had resumed drinking shortly before the shooting. The statements made by petitioner during the 911 call were consistent with the testimony presented at the hearing and indicated that she believed Reid was about to shoot her.

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Here is the original post:
Court Grants 'Stand Your Ground' In Domestic Case - CBS Miami

Dont make stand your ground law more accessible

Throughout my time as a corrections officer and as a member of the Community Crime Watch, I have seen the devastating effect that violent crime has on our communities. In Florida, our stand your ground law often increases the toll on families. Instead of decreasing crime like its supporters claimed it would this law creates a convenient loophole for those with the intent to harm their fellow Floridians, incentivizing deadly force and making police officers jobs much harder.

In fact, 70 percent of defendants who claim stand your ground are successful, putting them back on the street without even facing trial.

So why, despite all the evidence, is legislation that makes it easier to claim stand your ground advancing in Tallahassee?

The National Rifle Association.

Even after a study by the Tampa Bay Times revealed that one-third of defendants initiated the confrontation and pursued and/or shot the victim, some legislators are choosing to side with special interests over their constituents.

Join me in putting the publics interests over the NRAs.

State Rep. John CortesKissimmee

I read with interest the Sentinel article Community theaters see surge across Orlando area on Wednesday, but I was surprised that there was no mention of Theatre Winter Haven.

This theater has been in operation for 47 years. It won seven awards including best play in the Florida Theatre Conference and eight awards including best play in the Southeast region. The theater will go on to the nationals this summer.

Two past cast members have lead parts in the Chicago cast of Hamilton.

I can only conclude that the only news from Polk County the Sentinel reports is from the sheriff's office. To quote our president, "Sad."

Sue Hertz Davenport

Why should Judge Neil Gorsuch be confirmed to the U.S. Supreme Court so quickly as David Moffett proposes in his Wednesday letter? After all, Sen. Mitch McConnell and his buddies have kept the vacancy open for a year or so, even denying President Obamas choice for the seat a hearing. If that is not a blockage in the operation of sound government, I dont know what is.

Furthermore, it is despicable and un-American.

Republicans twist the rules, lie and become crybabies if they dont get their way. I have already waited a year, thanks to the Republicans, so whats the rush?

Walter Taylor Winter Park

Wow, in my view, the Sentinel has a liberal slant, but the political cartoon on Wednesday (Beauty and the Beast by Phil Hands) hit a new low. Have you no shame?

Bob Tremblay Poinciana

Aramis Ayala accepts the governor's decision last week to remove her from the Markeith Loyd case and cooperate. On Monday she shows up in court and says the governor overstepped his authority.

What happened between Thursday and Monday? Why did she change her mind? George Soros? If the media would do some honest investigative reporting, I am sure ayou would find out. If not I will start a remove Aramis Ayala petition drive.

The media failed all of the voters by not vetting her position on the death penalty.

Jim Millar Windermere

The rest is here:
Don't make 'stand your ground' law easier to claim: Letters - Orlando Sentinel

New York Times

A 'Stand Your Ground' Expansion That Expands Inequality New York Times The Florida Senate recently passed a bill intended to make its already robust Stand Your Ground law even more friendly to people who say they killed in self-defense. Under the current law, someone in this situation can avoid a trial if he proves at a ...

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A 'Stand Your Ground' Expansion That Expands Inequality - New York Times

State Attorney pans expected Stand Your Ground change, placing burden on prosecutors

Palm Beach County's State Attorney used strong words this week, opposing proposed changes to the state's Stand Your Ground law.

A bill in Tallahassee would shift the burden of proof in these cases to prosecutors. While similar legislation failed last year, the proposal passed the State Senate last week, and appears headed for approval in the House.

The case of Rijkard Jean-Baptiste is a local example of how the law currently plays out.

Jean-Baptiste had two murder charges against him dismissed late last year. He had been charged with murder in the fatal shootings of two teenagers, ages 16 and 17, at a Sweet 16 party at Riviera Beach's old Newcomb Hall.

Jean-Baptiste insisted he fired in self-defense, and took his claim of immunity under the states Stand Your Ground law to a judge. The judge agreed with Jean-Baptiste, and threw out the charges.

At the present time, its up to defendants like Jean-Baptiste, and their lawyers to prove their Stand Your Ground claims.

Under the legislation now in Tallahassee, the burden would shift to prosecutors, and to the typical evidence standard-- beyond a reasonable doubt.

Palm Beach County's top prosecutor, State Attorney David Aronberg, said he fears the change will end up helping those it shouldnt.

"Stand Your Ground was supposed to allow people to protect their family and their loved ones, not give gang members a free pass for murder," said Aronberg.

State Attorney Aronberg said hes dubbed the bill the Gang Members Protection Act.

"Any defendant would be able to say, Hey I shot this guy, because I was scared for my life," said Aronberg.

Then it's up to us to somehow, before trial, prove beyond a reasonable doubt, that in his mind, he wasn't scared, Aronberg continued. And that is so hard to prove."

But backers in the legislature say prosecutors have always had the burden of proof in criminal cases, and this simply clarifies it's prosecutors who should have the burden in a Stand Your Ground hearing.

"These hearings usually took a few hours," said veteran West Palm Beach criminal defense attorney Gregg Lerman. He said the legislation, if approved, would create the need for what amounts to a second trial, prolonging such cases.

"They're going to have basically a full-blown, nonjury trial, where they have to lay out all their cards to a judge, and prove to a judge beyond a reasonable doubt," said Lerman.

However, another West Palm Beach defense attorney, Michael Salnick, said he did not expect a big impact on the system.

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State Attorney pans expected Stand Your Ground change, placing ... - WPEC