Mediaboss Marketing

The Senate blinked in afight over a standard of evidence, sending a fixto the states stand your ground law to Gov. Rick Scott.

The House on Friday voted to insist that the Senate accept its amendment to Sen. Rob Bradleys bill (SB 128), which aims to streamline claims of self-defense.

Last month, it OKd the bill but changedthe burden of proof to clear and convincing evidence, a lower threshold than the Senates beyond a reasonable doubt, to overcomeself-defense.

By Friday evening, the Senate finally accepted the change on a 22-14 vote.

Bill proponents want the burden tobe on the party seeking to overcome the immunity from criminal prosecution, usually prosecutors, requiring a separate mini-trial, of sorts.

In legal terms,clear and convincing evidence is a medium level of burden of proof, according to the Legal Information Institute atCornell Law School.

In order to meet the standard and prove something by clear and convincing evidence, a party must prove that it is substantially more likely than not that it is true, it says. This standard is employed in both civil and criminal trials.

The Republican majority in the Legislature wants to shift the burden to prosecutors, making them disprove a claim of self-defense. Astate Supreme Court decision had put the onus on the defendant to show self-defense.

Democrats have inveighed against the measure, saying it would encourage bad actors to injure, even kill, and then claim self-defense.

The stand your ground law, enacted in 2005, allows people who are attacked to counter deadly force with deadly force in self-defense without any requirement that they flee.

Originally posted here:
Legislative fix to 'Stand Your Ground' law goes to Rick Scott - Florida ... - Florida Politics (blog)