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June 12, 2017 8:58 AM

TALLAHASSEE (CBSMiami) A change is coming to Floridas stand your ground self-defense law.

The self-defense bill introduced in the last state legislative session stemmed from a Florida Supreme Court ruling in 2015 that said defendants have the burden of proof to show they should be shielded from prosecution under the stand your ground law.

In stand your ground cases, pre-trial evidentiary hearings are held to determine whether defendants should be immune from prosecution.

The bill which was approved, and signed by Gov. Rick Scott late last week, shifts the burden of proof from defendants to prosecutors in the pre-trial hearings.

Supporters of the bill, such as National Rifle Association lobbyist Marion Hammer, said shifting the burden of proof would better protect the rights of defendants.

The `burden of proof bill restores the presumption of innocence in self-defense cases, Hammer told The News Service of Florida this week. It puts the burden of proof back on the state, where it belongs.

Labeled by Democrats as a shoot to kill bill, critics argue that the change could lead to cases ending before all the facts are revealed and that the bill would increase costs for state attorneys offices.

The News Service of Florida contributed to this report.

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Burden Of Proof Changing In State's Stand Your Ground Law - CBS Miami

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Breitbart News reported on March 10 that Florida Republicans were pushing legislation that would put the onus on the state when self-defense was claimed. It forces prosecutors to prove beyond a reasonable doubt that a defendants claim to self-defense was not valid before a case could go to trial. In other words, the state law-abiding citizen who used a gun for self-defense would be innocent until proven guilty, and his or her claim of acting in self-defense would be valid unless the state could demonstrate otherwise.

The New York Times went apoplectic over this legislation, claiming the original Stand Your Ground law was bad and the enhancements only make it worse.

The St. Louis Post-Dispatch has now joined the fray of naysayers with an editorial that claims enhancing Floridas Stand Your Ground law could lead to enhancing Missouris Stand Your Ground Law, which may only lead to more homicides in Missouri.

The outlet writes, In the tumble-down effect that Republican-controlled states have on each other, theres little doubt that similar legislation will surface in Missouri. Critics say a reduced fear of prosecution could prompt an increase in homicides.

The editorial latercites the example of 17-year-old Jordan Davis as an example of the dangers of Stand Your Ground. Davis was a black teen who was shot and killed by a white man, Michael Dunn, over loud music in November 2012. The problem with this example is that Dunn was given life in prison for the shooting, without the possibility of parole. Therefore, it was not a case that fell under the protections of Stand Your Ground.

This effort to flee to examples of white-on-black shootings toundermine Stand Your Ground is itself undermined by Crime Prevention Research Centers John Lott. His latest work on Stand Your Ground shows that the law actually benefits blacks in Florida more than whites. In his book, The War on Guns: Arming Yourself Against Gun Control Lies, Lott explains, From 2005 through October 1, 2014, blacks made up 16.7 percent of Floridas population and 34 percent of the defendants who invoked Stand Your Ground. He adds, Black defendants who invoke this statute are actually acquitted four percentage points more frequently than whites who use this very same defense.

AWR Hawkins is the Second Amendment columnist for Breitbart News and host of Bullets with AWR Hawkins, a Breitbart News podcast. He is also the political analyst for Armed American Radio. Follow him on Twitter: @AWRHawkins. Reach him directly at awrhawkins@breitbart.com.

See the original post:
St. Louis Post-Dispatch: Enhancing Florida's Stand Your Ground Law Could Increase Missouri's Homicides - Breitbart News

Several high-profile bills lawmakers passed during the 2017 session were officially sent to Gov. Rick Scott's desk this afternoon -- including a controversial shift in the state's Stand Your Ground law, an expansive public records exemption that would permanently seal millions of criminal and arrest records, and a higher education reform bill that's a top priority of Senate President Joe Negron, R-Stuart.

Scott now has 15 days to decide whether they should become law. He can either sign them, veto them or let them become law by default.

Negron's higher ed bill (SB 374) was one of several budget-related measures from the Senate that were sent to Scott on Monday, marking another key step in the process of adopting spending for the 2017-18 fiscal year that begins July 1. (Scott approved the main budget act on Friday, with several substantial vetoes that included base state funding for K-12 schools -- a chunk of spendinglawmakers will do-over in a three-day special session later this week.)

The Senate's "conforming" bills are complementary to the main budget and deal with specific issues, such as colleges and universities, the state pension system, health care and the clerks of court. The House has its own conforming bills, amongwhich is HB 7069,a highly contentious K-12 public schools bill; none of those have been sent to Scott yet.

The change to Florida's Stand Your Ground law (SB 128) -- which shifts the burden of proof in pretrial hearings to prosecutors -- passed the Legislature on the final day of the regularly scheduled session as part of a deal to also pass a bill dealing with religious expression in public K-12 schools (SB 436). That legislation was also sent to Scott Monday.

Meanwhile, SB 118 could virtually eliminate Floridians access to many individuals criminal histories in the name of addressing stigma against those accused, but not convicted, of crimes. It has drawn opposition from open government advocates and is one of several bills the First Amendment Foundation has asked Scott to veto.

More here:
Senate budget bills, Stand Your Ground change among 24 proposals sent to Gov. Scott today - Tampabay.com (blog)

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

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See more here:
Altus Times | Florida could pave new changes in 'stand your ground ... - Altus Times

By Terri L. WilkinProgram Director for Legal Studies,AMU Special Contributor to In Homeland Security

On May 4, 2017, the Florida Senate passed, by a vote of 24 to 13, a new version of Floridas Stand Your Ground law, Senate Bill 128. The law had been approved by the Florida House in April.

One of the contentious points between the House and Senate bills was the standard of proof provision. The Florida Senate originally wanted the standard to be beyond a reasonable doubt, but the House approved the standard of clear and convincing evidence.

Clear and convincing evidence is the standard of proof between beyond a reasonable doubt (100% certainty) used in criminal cases and a preponderance of the evidence (51% or more likely than not) used in personal injury and tort cases.

This means that the state must produce evidence that is deemed substantially more likely than not (or more than 51% but less than 100%) that their case is true.

Florida Governor Scott Is Expected to Sign the Bill into Law

The bill is awaiting Governor Rick Scotts signature. If he signs it, the revised law will go into effect on July 1, 2017. Governor Scott (R) is a proponent of gun rights, making it a sure bet that he will sign the new version of the Stand Your Ground legislation into law. The law allows individuals to use deadly force if they reasonably believe that, by standing their ground and defending themselves with deadly force, they will prevent their bodily harm and/or death.

A JAMA Network study conducted from 2005 to 2014 found that since the inception of the law in 2005, there has been a 24.4% increase in the monthly homicide rates in Florida and a 31.6% increase in homicides by firearms. In states without a Stand Your Ground law, these rates remained flat, debunking the pro-gun advocates argument that the increase in homicides during the years under study was due to a crime wave.

The revised law shifts the burden of proof from the defendant to the prosecution. Moreover,

prosecutors may have to prove the case twice; once at the initial Stand Your Ground hearing and then again at trial if the defendant is not permitted initially to use that defense.

One of the problems prosecutors will face in cases when the defendant claims the Stand Your Ground defense and the individual he or she shot has died. How will the prosecutor prove that the defendant does not qualify for the Stand Your Ground defense when the victim is dead?

It is predicted that Florida will see a lot more shootings and an increase in defendants using Stand Your Ground as their defense. The statute is being dubbed the How to Get Away with Murder or the Shoot to Kill law.

About the Author Terri L. Wilkin graduated from the University of Marylands Francis King Carey School of Law in May 2007. Terri is admitted to practice law in the State of Maryland and the District of Columbia, and has been admitted in the Federal United States District Court for the District of Maryland. Prior to law school, she obtained a Master of Science dual degree from the Johns Hopkins University in Leadership and Finance/Accounting. Her 26-year career with the Maryland State Police includes assignments in patrol, criminal and drug investigations, white collar crime, intelligence work, training, the Deputy Director of the Planning and Research Division, and as the Department Prosecutor. She is also a Florida Licensed Private Investigator and a Managing Partner in an Investigative Consulting Firm.

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Link:
Florida Senate Passes New 'Stand Your Ground' Burden of Proof Law - In Homeland Security