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Stand Your Ground Ruled Unconstitutional After Legislators Shift Burden of Proof

July 5th, 2017 by Jake Stofan
A Miami Dade Circuit Judge has ruled recent changes to stand your ground unconstitutional.
The Judge says lawmakers over stepped their authority changing the law this past session.
Stand Your Ground was intended to give immunity from prosecution to those who kill in self defense.
But  Prosecutors and courts created a hearing requiring the person using deadly force to prove it was justified.
Lawmakers and the NRA say the hearing turned innocent till proven guilty upside down.
“There have been many, many people who have been wrongfully arrested and charged with crimes who were exercising lawful self defense,” said NRA Lobbyist Marion Hammer.
Hammer would not go on camera after the judges ruling.
But In a a statement she told us the argument used by the judge is, “So bad it would be impossible to explain everything that was wrong with it in one news article.”
Prosecutors like State Attorney Jack Campbell fought the change.
Campbell declined to be interviewed after the judge’s ruling, but back in June he had this to say about the change to the law.
“We’re going to have retaliations and retaliations,” said Campbell. “And because everybody is lawfully standing their ground, there’s a lot of bullets flying, but nobody taking responsibility for those bullets.”
Citing separation of powers, the Miami ruling says legislators don’t have the authority to change a court ordered hearing.
The ruling applies only to the 11th judicial circuit until an appeals courts agrees.
All other circuits are still bound by the new law.
The Attorney General’s Office says it is planning to appeal the ruling.

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