Altus Times | Florida could pave new changes in ‘stand your ground … – Altus Times
TALLAHASSEE, Fla. Lucy McBath is afraid many more people will die if Florida Gov. Rick Scott signs a bill making it harder to prosecute when people claim they commit violence in self-defense.
She already lost her son, an unarmed black teenager, when a white man angry over loud music and claiming self-defense fired 10 times at an SUV filled with teenagers.
The measure before Scott would effectively require a trial-before-a-trial whenever someone invokes self-defense, making prosecutors prove the suspect doesnt deserve immunity.
Scott hasnt revealed his intentions, but hes a National Rifle Association supporter, and this is an NRA priority.
If it passes in Florida, then they take that same legislation and they push it on the legislative floors across the country, McBath said. Her 17-year-old son Jordan Davis was killed by Michael Dunn outside a Jacksonville convenience store in 2012.
Many states have long invoked the castle doctrine, allowing people to use even deadly force to defend themselves in their own homes.
Florida changed that in 2005, so that even outside a home, a person has no duty to retreat and can stand his or her ground anywhere they are legally allowed to be. Other states followed suit, and stand your ground defenses became much more common in pre-trial immunity hearings and during trials.
The 2012 killing of unarmed teenager Trayvon Martin by neighborhood watch volunteer George Zimmerman opened a debate about the limits of self-defense, and it hasnt let up since Zimmerman was acquitted of second-degree murder after jurors received instructions on Floridas stand your ground law.
Florida Republicans made this bill a priority after the state Supreme Court ruled in 2015 that the defendant has the burden of proof before trial. If Florida starts a national trend to shift that burden to prosecutors, itll be just fine with Republican Rep. Bobby Payne, who sponsored the bill.
Only four of the 22 or more state stand your ground laws mention this burden of proof in Alabama, Colorado, Georgia and South Carolina and all place it on defendants.
Its about following our right of innocent until proven guilty, Payne said. Its about Fifth Amendment rights, its about due process, its about having a true immunity, for when folks really believe theyre in imminent threat of great bodily harm or death, to defend themselves properly.
Senators originally wanted prosecutors to prove beyond a reasonable doubt before trial that self-defense didnt justify a violent crime. The final legislation lowered the threshold to clear and convincing evidence.
Either way, it makes prosecuting violent crimes more difficult, experts say.
I think there will be more false stand your ground claims, said former Broward County prosecutor Gregg Rossman, who has tried 65 murder cases. The pre-trial hearings are very much going to be like a mini-trial.
Proving a killer didnt act in self-defense when there are no living witnesses would be particularly hard, he said: I worry the most about the one-on-one cases. You and I get into an argument and I shoot you. Who speaks for you?
But public defenders say it should help people who were simply trying to defend themselves. Prosecutors often use the threat of minimum mandatory sentences to coerce people into accepting a plea deal even if their use of force was justified, said Stacy Scott, a public defender in Gainesville.
Its going to force them to deal more fairly with citizens who are charged with crimes, and will help our clients either get better plea offers or exonerate themselves earlier in the process so they dont have to wait until a jury trial and risk everything they have in order to litigate their case, Scott said.
McBath, who lives in Marietta, Georgia, believes the guilty will more likely escape convictions. It took two trials to convict her sons killer of murder.
Were just one out of so many, she said. Because we won our case, I honestly, honestly believe thats the reason why theyre putting these additional measures into stand your ground.
http://altustimes.com/wp-content/uploads/2017/06/web1_Capitol-cartoon-4.jpeg
.
See more here:
Altus Times | Florida could pave new changes in 'stand your ground ... - Altus Times
- 'AJ' Owens' loved ones announce creation of new fund, hoping for changes to FL Stand Your Ground law - FOX 35 Orlando - November 28th, 2024 [November 28th, 2024]
- Family of woman killed by neighbor asks Florida to make changes to Stand Your Ground law - WFTV Orlando - November 28th, 2024 [November 28th, 2024]
- Stand Your Ground law protects homeowner in neighbor dispute that leads to shooting - KOKH FOX25 - November 26th, 2024 [November 26th, 2024]
- It Can Happen Here - Harper's BAZAAR - September 11th, 2023 [September 11th, 2023]
- SD Supreme Court: 'Stand Your Ground' Law Is Not Retroactive - Yankton Daily Press - July 15th, 2023 [July 15th, 2023]
- Arming school staff and a 'stand your ground' law being considered ... - KLKN - July 15th, 2023 [July 15th, 2023]
- LETTER TO THE EDITOR Justice for A.J. Owens - Osceola News-Gazette - June 22nd, 2023 [June 22nd, 2023]
- White Woman Who Murdered Black Woman in What She Felt Was ... - Shine My Crown - June 22nd, 2023 [June 22nd, 2023]
- Washington County driveway killing raised in 'Stand Your Ground ... - The Post Star - May 20th, 2023 [May 20th, 2023]
- Ralph Yarl: Another victim of America's unjust racial bias and Stand ... - The Arkansas Traveler - May 20th, 2023 [May 20th, 2023]
- Attorneys Of OnlyFans Model Courtney Clenney Claim She Stabbed Boyfriend To Death In Self-Defense - MadameNoire - May 20th, 2023 [May 20th, 2023]
- 5 Years After A Mass Shooting At Santa Fe High In Texas, Critics Say Lawmakers Have Done Little - HuffPost - May 20th, 2023 [May 20th, 2023]
- Congressman Gaetz, Senator Mullin Introduce National Stand Your Ground Act - Congressman Matt Gaetz - May 8th, 2023 [May 8th, 2023]
- Rep. Gaetz, Sen. Mullin introduce national Stand Your Ground bills: Legal duty to retreat helps attacker - Fox News - May 8th, 2023 [May 8th, 2023]
- T&T PM Rowley Rejects Stand Your Ground Law, It's Used For ... - NYCaribNews - May 8th, 2023 [May 8th, 2023]
- New information uncovered about person who fatally shot Carson Senfield in Florida - WGRZ.com - May 8th, 2023 [May 8th, 2023]
- Dadeville mass shooting cases now head to courts. What to expect ... - Montgomery Advertiser - May 8th, 2023 [May 8th, 2023]
- 'Stand Your Ground' laws promote violence The Hawkeye - The HawkEye - May 2nd, 2023 [May 2nd, 2023]
- The Conversation: 'Stand your ground' laws empower armed ... - Press Herald - May 2nd, 2023 [May 2nd, 2023]
- Hypocrisy on matters of life and death | Editorial - South Florida Sun Sentinel - May 2nd, 2023 [May 2nd, 2023]
- Darbys Stand Your Ground law immunity hearing denied - WHNT News 19 - April 30th, 2023 [April 30th, 2023]
- The Conversation: Stand your ground laws open invitation to violence - News-Register - April 30th, 2023 [April 30th, 2023]
- US gun violence is so bad countries should warn against travelling ... - openDemocracy - April 30th, 2023 [April 30th, 2023]
- Letters to the Editor Readers weigh in on Gov. Abbotts plan to pardon Daniel Perry - The Dallas Morning News - April 30th, 2023 [April 30th, 2023]
- Man charged after in connection to shooting 17-year-old, who allegedly tried to steal car, DeKalb Police say - 11Alive.com WXIA - April 30th, 2023 [April 30th, 2023]
- 'Stand your ground' laws empower armed citizens to defend property with violence a simple mistake can get you shot, or killed - The Conversation - April 22nd, 2023 [April 22nd, 2023]
- What Are 'Stand Your Ground' Laws, and When Do They Apply? - The New York Times - April 22nd, 2023 [April 22nd, 2023]
- What is a stand your ground law and which states have one? - BBC - April 22nd, 2023 [April 22nd, 2023]
- Legal Expert On Castle Doctrine, 'Stand Your Ground' Laws - KMAland - April 22nd, 2023 [April 22nd, 2023]
- 'Changes the grounds pretty significantly': What 'Stand Your Ground' law rollback means for Georgia - 13WMAZ.com - April 22nd, 2023 [April 22nd, 2023]
- Missouri has a 'Stand Your Ground' law, but it may not help Andrew ... - Nebraska Public Media | News - April 22nd, 2023 [April 22nd, 2023]
- 'Stand Your Ground' laws have increased by 60% across U.S. since ... - Spectrum News - April 22nd, 2023 [April 22nd, 2023]
- Montgomery man guilty of manslaughter in Prattville slaying - Montgomery Advertiser - April 13th, 2023 [April 13th, 2023]
- Greg Abbott's Jury Nullification - by Charlie Sykes - The Bulwark - April 13th, 2023 [April 13th, 2023]
- National Action Network holds panel on police reform with families of Tyre Nichols, George Floyd and Eric Garner - CBS News - April 13th, 2023 [April 13th, 2023]
- Jugging victim shoots suspect during attempt to pull them over himself, Cedar Park police say - FOX 7 Austin - April 13th, 2023 [April 13th, 2023]
- CSotD: Time has come today The Daily Cartoonist - The Daily Cartoonist - April 13th, 2023 [April 13th, 2023]
- Daily Skimm: Abortion Pills, Leaked Documents, and Super Mario Bros - theSkimm - April 13th, 2023 [April 13th, 2023]
- U.S. Army sergeant found guilty of murder in 2020 shooting of Austin ... - The Texas Tribune - April 9th, 2023 [April 9th, 2023]
- Villager using Stand Your Ground defense in UPS golf cart delivery ... - Villages-News - April 4th, 2023 [April 4th, 2023]
- Florida Senate to vote on permitless carry bill - WSVN 7News | Miami News, Weather, Sports | Fort Lauderdale - April 4th, 2023 [April 4th, 2023]
- Victims of spring break double shooting that left one dead are from metro Atlanta - WSB Atlanta - March 28th, 2023 [March 28th, 2023]
- Self-defense: How Floridas Stand Your Ground Law Works - February 24th, 2023 [February 24th, 2023]
- Stand Your Ground Law: All 50 States Reviewed - TacticalGear.com - February 24th, 2023 [February 24th, 2023]
- Unclear if "Stand Your Ground" law will apply in Tampa shooting case of WNY native - WGRZ.com - September 22nd, 2022 [September 22nd, 2022]
- The Militias Never Left Kenosha - The Trace - September 22nd, 2022 [September 22nd, 2022]
- Shelby County sheriff expects no charges in deadly shooting because of Stand Your Ground law - WHIO - August 7th, 2022 [August 7th, 2022]
- Kansas cannot allow another death at the hand of authorities to go without notice and action - Kansas Reflector - July 4th, 2022 [July 4th, 2022]
- Ex-City Official in Florida Is Sentenced to 3 Years for Killing a Shoplifter - The New York Times - May 23rd, 2022 [May 23rd, 2022]
- GOP resolutions call for hand counting paper ballots, praising Johnson on COVID-19 - WisPolitics.com - May 23rd, 2022 [May 23rd, 2022]
- Cleveland Co. District Attorney Will Not File Charges In Fatal Shooting Near OU Campus - news9.com KWTV - April 22nd, 2022 [April 22nd, 2022]
- Jussie Smolletts brother Jocqui insists the actors career will be absolutely fine - REVOLT - April 22nd, 2022 [April 22nd, 2022]
- Study links 'stand your ground' laws to uptick in homicides, but not everywhere - KJZZ - March 20th, 2022 [March 20th, 2022]
- 'Stand your ground' laws proliferate after Trayvon spotlight - ABC News - March 4th, 2022 [March 4th, 2022]
- LaTayla Billingslea Is Fighting for Gun Violence Prevention and Lifting the Voices of Young Survivors - Seventeen.com - February 5th, 2022 [February 5th, 2022]
- Borrello: Stand Your Ground is 'a fundamental right' - Olean Times Herald - January 31st, 2022 [January 31st, 2022]
- In Setback For Ex-Cop Who Fired Blindly Into Breonna Taylors Home, His Upcoming Trial Will Be Partially Open To The Press - NewsOne - January 31st, 2022 [January 31st, 2022]
- Does Wisconsin have the death penalty? Does Wisconsin have stand your ground laws? - AS English - November 26th, 2021 [November 26th, 2021]
- It's time to repeal and replace citizen's arrest laws | TheHill - The Hill - November 26th, 2021 [November 26th, 2021]
- Jackson County mom who killed alleged rapist back in jail after taking kids to trunk or treat - WAAY - November 4th, 2021 [November 4th, 2021]
- Canadas self-defence laws are too sweeping, and the Supreme Court just gave them a pass - The Globe and Mail - October 19th, 2021 [October 19th, 2021]
- Ohio's new 'stand your ground' law: Everything you need to ... - June 6th, 2021 [June 6th, 2021]
- Washington State Stand Your Ground Law & Self-Defense ... - June 6th, 2021 [June 6th, 2021]
- 'Stand your ground' defense rejected in iguana killing - LimaOhio.com - June 6th, 2021 [June 6th, 2021]
- Man accused of stabbing St. Pete teen wont face charges due to stand your ground law - WFLA - May 29th, 2021 [May 29th, 2021]
- 'Stand your ground' laws: Everything you need to know - CNN - March 22nd, 2021 [March 22nd, 2021]
- What are Stand Your Ground Laws? | Brady - March 22nd, 2021 [March 22nd, 2021]
- 'Stand Your Ground' Laws Are Racist, New Study Reveals - March 22nd, 2021 [March 22nd, 2021]
- States With Stand Your Ground Laws 2021 - March 22nd, 2021 [March 22nd, 2021]
- Instead of standing your ground, retreat when possible | Column - Tampa Bay Times - March 2nd, 2021 [March 2nd, 2021]
- Bill would add South Dakota to two dozen states that have stand your ground self-defense laws - KELOLAND.com - March 2nd, 2021 [March 2nd, 2021]
- Senate bill aims to repeal Stand Your Grand law - Famuan - March 2nd, 2021 [March 2nd, 2021]
- Sworn testimony: LCSO detective disagrees with prosecutors over 'Stand Your Ground' death - Wink News - February 11th, 2021 [February 11th, 2021]
- Stand Your Ground Law in Arkansas voted down by House committee - 5newsonline.com - February 3rd, 2021 [February 3rd, 2021]
- Use of force by 4 Hillsborough deputies involved in deadly shooting found to be justified - WTSP.com - February 1st, 2021 [February 1st, 2021]
- Lawyer suspended for Facebook advice on how to shoot an abuser and avoid conviction - ABA Journal - February 1st, 2021 [February 1st, 2021]
- Savannah City Council considers taking stand on stand your ground law with resolution - Savannah Morning News - January 30th, 2021 [January 30th, 2021]
- Column: DeWine had a chance to do the right thing and punted - The Columbus Dispatch - January 7th, 2021 [January 7th, 2021]
- DeSantis new stand your ground would provoke the danger it professes to prevent | Column - Tampa Bay Times - November 21st, 2020 [November 21st, 2020]
- A voter's guide to the constitutional amendments on Alabama's 2020 ballot - Montgomery Advertiser - October 25th, 2020 [October 25th, 2020]