Florida gov signs new self defense legislation

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M-Quigley
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Florida gov signs new self defense legislation

Post by M-Quigley »

http://thehill.com/homenews/news/337215 ... l-into-law" onclick="window.open(this.href);return false;

Just as twenty years ago, the Ohio legislature could take some lessons from Florida.
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Re: Florida gov signs new self defense legislation

Post by docachna »

Aaaaaaaaaaaaaaaaaaaaaaand it's been found unconstitutional:

http://thefederalistpapers.org/us/break ... ampaign=LC
Miami-Dade Circuit Judge Milton Hirsch ruled that lawmakers overstepped their authority in creating the law this year that forces prosecutors to disprove a defendant’s self-defense claim at a pre-trial hearing.

The judge ruled that under Florida’s constitution, that change should have been crafted by the Florida Supreme Court, not the Legislature.


Huh ???!?!?!?!
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Bama.45
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Re: Florida gov signs new self defense legislation

Post by Bama.45 »

since when does the judicial branch in any government have the authority to write laws?... That's like letting a bank robber design a banks security system.
"Lord, make my hand fast and accurate.
Let my aim be true and my hand faster
than those who would seek to destroy me.
Grant me victory over my foes and those who wish to do harm to me and mine.
Let not my last thought be 'If I only had my gun."
And Lord, if today is truly the day you call me home
Let me die in a pile of empty brass."
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Re: Florida gov signs new self defense legislation

Post by JediSkipdogg »

Bama.45 wrote:since when does the judicial branch in any government have the authority to write laws?... That's like letting a bank robber design a banks security system.
They kinda do with case law all the time. Case law is really no different than legislatively voted on law. It simply gives a more thorough interpretation of the law, even if many would interpret the law differently.
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Re: Florida gov signs new self defense legislation

Post by AlanM »

Anybody know how many states ALREADY have this on the books?
Isn't it in the ORC?
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Re: Florida gov signs new self defense legislation

Post by M-Quigley »

AlanM wrote:Anybody know how many states ALREADY have this on the books?
Isn't it in the ORC?
I'm not sure which part of the ORC you mean, but this is from the news link:
It will be an interesting case to watch. Other states have the same types of laws in place and they are working just fine. It may be the makeup of the constitution since they are different from state to state.
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Re: Florida gov signs new self defense legislation

Post by JustaShooter »

AlanM wrote:Anybody know how many states ALREADY have this on the books?
Keep in mind, this is only about their most recent change to SYG, not SYG in general in FL law.

[quote="AlanM"Isn't it in the ORC?[/quote]
No, Ohio does not have SYG, nor does it have the provision that this judge ruled unconstitutional.
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Re: Florida gov signs new self defense legislation

Post by WestonDon »

docachna wrote:Aaaaaaaaaaaaaaaaaaaaaaand it's been found unconstitutional:

http://thefederalistpapers.org/us/break ... ampaign=LC
Miami-Dade Circuit Judge Milton Hirsch ruled that lawmakers overstepped their authority in creating the law this year that forces prosecutors to disprove a defendant’s self-defense claim at a pre-trial hearing.

The judge ruled that under Florida’s constitution, that change should have been crafted by the Florida Supreme Court, not the Legislature.


Huh ???!?!?!?!
My non lawyer mind thinks maybe it is the pre-trial hearing part that is problematic.
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Re: Florida gov signs new self defense legislation

Post by Bama.45 »

JediSkipdogg wrote:
Bama.45 wrote:since when does the judicial branch in any government have the authority to write laws?... That's like letting a bank robber design a banks security system.
They kinda do with case law all the time. Case law is really no different than legislatively voted on law. It simply gives a more thorough interpretation of the law, even if many would interpret the law differently.

Right, but interpretation is different than making the law. I know there are some judges that grasp at straws to back their interpretation. But I have always looked at case law as how a law has been interpreted in the past in similar cases. Not judges writing law from the bench.
"Lord, make my hand fast and accurate.
Let my aim be true and my hand faster
than those who would seek to destroy me.
Grant me victory over my foes and those who wish to do harm to me and mine.
Let not my last thought be 'If I only had my gun."
And Lord, if today is truly the day you call me home
Let me die in a pile of empty brass."
Amen




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~The tree of liberty must be refreshed from time to time with the blood of patriots and tyrants.~ Thomas Jefferson
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Re: Florida gov signs new self defense legislation

Post by schmieg »

Without having read the case, I would assume that the judge is objecting to the placing the burden of proof on the prosecutor as opposed to the Defendant. Unless Florida's constitution has some really strange wording, methinks he is grasping at straws. If his decision is upheld, it might be curable by changing the wording of the statute to eliminate reference to burden of proof and referring to a presumption of self defense, again, assuming that is the way the statute was worded.
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Re: Florida gov signs new self defense legislation

Post by JediSkipdogg »

Bama.45 wrote:
JediSkipdogg wrote:
Bama.45 wrote:since when does the judicial branch in any government have the authority to write laws?... That's like letting a bank robber design a banks security system.
They kinda do with case law all the time. Case law is really no different than legislatively voted on law. It simply gives a more thorough interpretation of the law, even if many would interpret the law differently.

Right, but interpretation is different than making the law. I know there are some judges that grasp at straws to back their interpretation. But I have always looked at case law as how a law has been interpreted in the past in similar cases. Not judges writing law from the bench.
How is it not law? Sure, it's more likely to be brought up in court, but police (and therefore the public) are expected to know and follow it as well. There are many laws on the books that the courts have ruled as unconstitutional yet are still on the books. If police enforce them, it's a pretty easy loss for them.
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