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The controversial law may soon get a renovation in Tallahassee.

Phil Buck, WTSP 1:49 PM. EST February 10, 2017

LAKELAND, Fla. The Florida Legislature is considering a bill that would make a critical change to the states Stand Your Ground law.

The measure passed a Senate panel with an 8-2 vote on Thursday and will now go to the full Senate floor.

Currently, the burden of proof falls on defendants who invoke the law as grounds to dismiss charges; but the bill under consideration, being proposed by Sen. Rob Bradley, would put the burden on prosecutors before cases ever go to trial.

A Stand YourGround case must prove two things: (a) a reasonable fear that deadly force was necessary and, (b) that the other person involved intended to harm the person invoking the law.

"It's very costly to try to prove your innocence," said Joseph Amore. "Especially since I was innocent, I wasn't trying to use the system. The system used me pretty much; that's how it feels.

In 2013 Amore was attacked by a group of people in Ybor City. During the beating he defended himself with a knife, ultimately killing one of his attackers.

But when he tried to invoke Stand Your Ground in his defense it was his responsibility to prove his innocence.

It was pretty hard, financially. If I didnt have my parents to help me out and my grandma, it was like I was probably just going to be railroaded through the system, stuck without anything, said Amore.

That put us in a bind. My parents had to re-mortgage the house, put a loan out on their truck that was almost paid off. If it wasnt for my parents I would have been screwed.

Amore eventually proved his case and the charges against him were dropped - but it wasn't cheap.

If the bill currently in front of lawmakers had been law in 2013, Amore'sfamily would never have had to go into debt to prove that Stand Your Ground applied to his case.

"It's going to change how prosecutors look at the cases, to begin with. What they file on, what they don't file on, said defense attorney Anthony Candela, talking about what would happen if such a bill were to pass.

"Defendants in really close calls are probably going to get the benefit of the doubt without charges being filed because the state's not going to want to push forward on a case that it's going to flat out lose."

It's a game-changer," Candela said. "If the burden shifts back to the prosecution, once the defense files the motion it's going to be their game again to try to prove beyond a reasonable doubt. I guess you're going to have a mini-trial before you have a trial, added Candela.

From the defense side, this is fantastic, I love this all day long. From the point of view of a citizen with a family who lives in Hillsborough County and lives in Florida, it gives me a little bit of pause. Just to be honest because I dont want bad actors going out and shooting people and going Hey, self-defense.

Advocates for victims of domestic violence agree.

We have to make sure that people dont take advantage of the law and blatantly kill somebody, said advocate Julie Weintraub. But we have to have the Stand Your Ground law, we have to have the right to defend ourselves.

( 2017 WTSP)

Original post:
Bill thats shifts burden in Stand Your Ground passes Senate panel - WTSP.com

Its safe to say that most Florida legislators would describe themselves as tough on crime. Dont be fooled.

This past week, the powerful state Senate Rules Committee overwhelmingly and recklessly approved a bill over the objections of state prosecutors. Sponsored by Fleming Island Republican Rob Bradley, the measure would make it easier for criminal defendants to utilize Floridas stand your ground law to evade legal consequences for using deadly force. The 8-2 committee vote teed up the bill for a floor vote as soon as the Legislature convenes for its annual 60-day session next month.

The stand your ground law says people who fear death or great bodily harm have a legal right to respond with deadly force, and have no duty to retreat. But defendants who claim self-defense under the law must explain at a pre-trial evidentiary hearing why they should be immune from prosecution. This process was affirmed by the Florida Supreme Court in 2015.

Bradleys bill would shift the burden of proof in these pre-trial hearings to the prosecutor. The hearings would start with a presumption that the defendants use of deadly force was justified. The prosecutor would have to prove beyond a reasonable doubt the same high standard that applies to criminal convictions that a defendants stand your ground claim was invalid.

Opponents, led by Florida prosecutors, argued during legislative hearings last month that the bill would clog the courts by adding what would amount to a mini-trial to stand your ground cases, and would magnify the opportunity for a violent criminal to escape justice. If you are going to hurt someone, if you are going to kill someone, the least we can require is that at a preliminary hearing that you carry the burden of telling us why, Seminole-Brevard State Attorney Phil Archer told committee members.

Archer warned that the bill would lead to a huge increase in stand your ground cases, as more defense lawyers took advantage of the expanded law. One of the two committee members to oppose the bill, Fort Lauderdale Democrat Perry Thurston, echoed Archers prediction. If an attorney doesnt do it, he will be charged with a failure to practice, said Thurston, a criminal-defense lawyer.

Leaders in victims rights groups also testified against Bradleys bill. But for the committees majority, thoughtful and passionate objections were outweighed by support for the bill from public defenders and gun-rights groups, led by the politically powerful National Rifle Association. Most Tallahassee politicians dont dare to take on the NRA. Ironically, Archer is a gun owner and NRA member.

Florida was the first state to pass a stand your ground law in 2005. More than 20 other states have followed suit since then. But Bradleys bill, according to Archer, would make Florida an outlier once again. None of the other states put the burden on prosecutors to prove that a stand your ground claim shouldnt apply.

And before expanding stand your ground, legislators would be wise to consider the consequences of the original law. A study published in the Journal of the American Medical Association in November found that Floridas monthly homicide by firearm rate had jumped more than 30 percent between 2005, the year the law was passed, and 2014. These increases appear to have occurred despite a general decline in homicide in the United States since the early 1990s, the study said.

If legislators really want to make Florida safer, theyll pay more attention to prosecutors than the NRA.

Read more:
Don't go from bad to worse on stand your ground - Orlando Sentinel

The State

Myrtle Beach business man to face attempted murder trial; Stand Your Ground challenge denied The State David sought immunity from the charges in the incident under the shield of the state's Stand Your Ground law, which says deadly force is allowed to defend someone's home, place of business or vehicle. During closing arguments Friday morning, David's ... Judge denies 'stand your ground' argument in Myrtle Beach ...WBTW - Myrtle Beach and Florence SC Judge says local businessman will stand trial for attempted murder ...ABC NEWS 4 Judge rules that Myrtle Beach shooting doesn't meet requirements for self defenseMyhorrynews all 6 news articles »

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Myrtle Beach business man to face attempted murder trial; Stand Your Ground challenge denied - The State

Miami Herald

Senate's changes to Stand Your Ground ready for floor vote next month Miami Herald A controversial plan to change Florida's Stand Your Ground law is ready for the full 40-member Florida Senate to vote on when the 2017 session begins March 7. The Rules Committee voted, 8-2, on Thursday to send the measure to the floor, despite renewed ... Florida considers change to 'stand your ground' law againWCTV Marissa Alexander speaks in favor of changes in 'stand your ground' billFlorida Times-Union Stand Your Ground-Related Bill Now Heads To Senate FloorWFSU Bristol Herald Courier (press release) (blog) -SaintPetersBlog (blog) all 10 news articles »

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Senate's changes to Stand Your Ground ready for floor vote next month - Miami Herald

The Jacksonville woman jailed in 2012 for firing a warning shot at her abusive husband is now free.

Marissa Alexander was sentenced to 20 years in prison after being denied freedom after defending her actions under Floridas controversial Stand Your Ground law. The mother of three was released after she completed two years of court-ordered home confinement, and previously served nearly three years in prison on weapons and assault charges.

In 2014, Alexander accepted a plea deal of her conviction in a jury trial to avoid a potential 60 years behind bars.

Today, after 3 years behind bars and 2 years of house detention, Marissa Alexander was finally released from state confinement, a statement from the Free Marissa Now campaign reads. Marissa Alexander has been punished for over 5 years for defending her life from a domestic violence attack threatening her life nine days after she gave birth. The Free Marissa Now Mobilization Campaign is thrilled that we have finally made it to the day that we can say Marissa Alexander has her freedom.

Since the beginning of her ordeal, Alexander prioritized the need to use her case as a way to bring attention to the institutional patterns of criminalizing survivors. Her case drew national attention in 2012largely due to George Zimmermans casealso in Floridawhere the neighborhood watchman murdered 17-year-old Trayvon Martin after following him as he walked home from the convenience store.

Zimmerman was acquitted in 2013 on second-degree murder and manslaughter charges and did not claim Floridas controversial Stand Your Ground self-defense law. But Alexander believed she had a legitimate reason to benefit from the law intended to protect self-defense shooters from criminal prosecution.

Alexander testified that her ex-husband, Rico Gray, threatened to kill her on Aug. 2010, moments before she fired her legally registered firearm into the ceiling of her Jacksonville home to prevent a domestic violence attack. In sworn statements, Gray acknowledged that he physically abused Alexander.

In one statement, Gray said I got five baby mamas and I put my hands on every last one of them except one, according toMic.

Shantell E. Jamison is a digital editor for EBONY.com and JETMAG.com. Her book, Drive Yourself in the Right Direction is available on Amazon. Follow her on Facebook, Twitter @Shantell_em and Instagram @Shantell_em.

Read this article:
Stand Your Ground: Marissa Alexander is Finally Free - EBONY.com