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Floridas stand your ground law, a source of contention for years, could soon provide even more protection to people who invoke it. Some lawmakers want to make prosecutors prove a defendant wasnt acting in self-defense before proceeding to trial.

Florida has been a leader in giving citizens immunity in cases of self-defense, with its stand your ground law serving as an emotional point of debate after several high-profile shooting deaths, including that of unarmed black teenager Trayvon Martin.

While at least 22 states have similar laws that say people can use force even deadly force to defend themselves from threats, Florida could soon be alone shifting the burden of proof to prosecutors.

Republican Sen. Rob Bradley says his bill isnt a novel concept.

We have a tradition in our criminal justice system that the burden of proof is with the government from the beginning of the case to the end, he said.

Floridas Supreme Court has ruled that the burden of proof is on defendants during self-defense immunity hearings. Thats the practice around the country. According to a legislative staff analysis of Bradleys bill, only four states mention burden of proof in their stand your ground laws Alabama, Colorado, Georgia and South Carolina and all place the burden on defendants.

Bradleys bill died last year but now its chances are improving: Its ready for a full Senate vote when the session begins next week, and one of two House committees assigned to hear it has approved it.

Democrats are opposing the bill, but have little leverage to stop it in a legislature dominated by Republicans and with a Republican governor.

The bill has received passionate opposition from people who feel the existing law has already been abused and will be invoked even more by people seeking to avoid responsibility for violent crimes.

Stand your ground is not just about guns: The defense can be invoked after any act of violence aimed at self-protection, whether its punching, stabbing, shooting or striking someone with an object.

Neighborhood watch volunteer George Zimmermans fatal shooting of Trayvon Martin isnt the only case thats part of the debate in Florida.

Lucy McBaths 17-year-old son Jordan Davis was fatally shot by Michael Dunn during an argument over loud music outside a Jacksonville convenience store. And in the Tampa Bay area, retired police officer Curtis Reeves is claiming self-defense in a stand your ground pretrial hearing after fatally shooting Chad Oulson in a dispute over a cellphone at a movie theater.

Both Zimmerman and Dunn claimed self-defense at trial and stand your ground was included in their juries instructions. Zimmerman was acquitted and Dunn was eventually convicted of murder.

McBath believes the way the law currently reads is why Dunns first jury couldnt reach a decision, and says expanding stand your ground protections would make it harder to keep people safe from gun violence.

Testifying against the bill at a Senate committee meeting, McBath said the current law already encourages citizens to shoot first and ask questions later.

This legislation would effectively require defendants who raise stand your ground defenses to be convicted twice, she said. Having lived through this grueling experience firsthand with two trials for my sons murder, I can attest to the anguish and the pain that this process elicits. We should not make it harder for family members to achieve the justice that they deserve.

Marissa Alexander, in contrast, supports Bradleys bill. She unsuccessfully tried a stand your ground defense and was sentenced to 20 years in prison in 2012 for firing a gun near her estranged husband. She called it a warning shot to protect herself from abuse. Her conviction was thrown out on appeal and she was freed after reaching a plea deal in 2014.

I feel like you go into that kind of situation guilty until proven innocent, she said. She hopes Florida will start another trend if it passes.

Florida kind of sets the tone and other states follow, she said.

Republished with permission of The Associated Press.

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State could flip burden of proving 'Stand Your Ground ... - SaintPetersBlog (blog)

TALLAHASSEE | Floridas stand your ground law, a source of contention for years, could soon provide even more protection to people who invoke it. Some lawmakers want to make prosecutors prove a defendant wasnt acting in self-defense before proceeding to trial.

Florida has been a leader in giving citizens immunity in cases of self-defense, with its stand your ground law serving as an emotional point of debate after several high-profile shooting deaths, including that of unarmed black teenager Trayvon Martin.

While at least 22 states have similar laws that say people can use force even deadly force to defend themselves from threats, Florida could soon be alone shifting the burden of proof to prosecutors.

Republican Sen. Rob Bradley says his bill isnt a novel concept.

We have a tradition in our criminal justice system that the burden of proof is with the government from the beginning of the case to the end, he said.

Floridas Supreme Court has ruled that the burden of proof is on defendants during self-defense immunity hearings. Thats the practice around the country. According to a legislative staff analysis of Bradleys bill, only four states mention burden of proof in their stand your ground laws Alabama, Colorado, Georgia and South Carolina and all place the burden on defendants.

Bradleys bill died last year but now its chances are improving: Its ready for a full Senate vote when the session begins next week, and one of two House committees assigned to hear it has approved it.

Democrats are opposing the bill, but have little leverage to stop it in a legislature dominated by Republicans and with a Republican governor.

The bill has received passionate opposition from people who feel the existing law has already been abused and will be invoked even more by people seeking to avoid responsibility for violent crimes.

Stand your ground is not just about guns: The defense can be invoked after any act of violence aimed at self-protection, whether its punching, stabbing, shooting or striking someone with an object.

Neighborhood watch volunteer George Zimmermans fatal shooting of Trayvon Martin isnt the only case thats part of the debate in Florida.

Lucy McBaths 17-year-old son Jordan Davis was fatally shot by Michael Dunn during an argument over loud music outside a Jacksonville convenience store. And in the Tampa Bay area, retired police officer Curtis Reeves is claiming self-defense in a stand your ground pretrial hearing after fatally shooting Chad Oulson in a dispute over a cellphone at a movie theater.

Both Zimmerman and Dunn claimed self-defense at trial and stand your ground was included in their juries instructions. Zimmerman was acquitted and Dunn was eventually convicted of murder.

McBath believes the way the law currently reads is why Dunns first jury couldnt reach a decision, and says expanding stand your ground protections would make it harder to keep people safe from gun violence.

Testifying against the bill at a Senate committee meeting, McBath said the current law already encourages citizens to shoot first and ask questions later.

This legislation would effectively require defendants who raise stand your ground defenses to be convicted twice, she said. Having lived through this grueling experience first-hand with two trials for my sons murder, I can attest to the anguish and the pain that this process elicits. We should not make it harder for family members to achieve the justice that they deserve.

Marissa Alexander, in contrast, supports Bradleys bill. She unsuccessfully tried a stand your ground defense and was sentenced to 20 years in prison in 2012 for firing a gun near her estranged husband. She called it a warning shot to protect herself from abuse. Her conviction was thrown out on appeal and she was freed after reaching a plea deal in 2014.

I feel like you go into that kind of situation guilty until proven innocent, she said. She hopes Florida will start another trend if it passes.

Florida kind of sets the tone and other states follow, she said.

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Florida could flip burden of proving 'stand your ground' | St ... - St. Augustine Record

DADE CITY, Fla. - Friday marked the final day in the highly-publicized stand your ground hearing involving former Tampa police captain Curtis Reeves and the man he shot and killed, Chad Oulson.

For two weeks we've heard testimony and witness accounts from the day of the shooting, January 13, 2014. Reeves and Oulson got into a fight over texting during movie previews. During the altercation, Reeves says he feared for his life and pulled out his .380 caliber pistol and fired a shot at Oulson. Oulson's wife Nicole had her hand on her husband's chest when the shot was fired. The bullet went through her hand and into her husband, killing him.

Reeves claims he shot Oulson in self-defense and is fighting to have the case dismissed under Florida's stand your ground law.

The state and defense each presented closing arguments when court resumed Friday morning at 9 a.m. Defense attorney Richard Escobar told the judge Thursday his closing arguments would last a couple of hours.

The 'Stand your Ground' hearingis in the hands of a judge now.

The judge says she will have a written order by next Friday before 3 PM.

"A 6'4'' individual standing, trying to come over that chair is terrifying," said Richard Escobar.

How popcorn and a cell phone escalated into a deadly movie theater shooting depends on who you ask?

"Curtis is dazed. Curtis is in fear. Curtis is terrified," said Escobar.

"Throw popcorn on me?! Bang!" said state prosecutor Glenn Martin.

"This behavior by Mr. Oulson is unexpected. It's uncontrolled. It's outrageous," said Escobar.

Was it self defense or something else?

"Retaliation. One word," said Martin.

Curtis Reeves' attorneys say even a simple battery on an elderly person in Florida is a felony, plenty to Stand his Ground.

The state says witnesses never even saw Oulson thrown his phone. They also argue Reeves aggravated a problem knowing he had a "great equalizer" in his pocket.

"There was no reason," said Martin for Reeves to have any more contact with Oulson.

Popcorn, a phone, a pistol---three reasons this hearing is so perplexing.

RELATED | Curtis Reeves takes the stand in 'stand your ground' hearing

WEEK 1 |Day-by-day breakdown from court

PHOTOS | "Stand your ground" hearing photo gallery

In court Thursday, the state played audio tapes from just after the shooting when Reeves was talking to detectives.

"As soon as I pulled the trigger I said, 'Oh shoot that was stupid. If I had to do it over again, it would have never happened'," said Reeves. "If I had to do it over again, it would never have happened. I wouldn't have moved. But you don't get do overs."

"An arm came up and I saw a flash of red and at first, I didn't know what it was. I heard a noise and then I could smell something and I thought oh my God, he shot him," said witness Jane Roy.

A judge must now decide if Florida's controversial stand your ground law is applicable in this case. If it's deemed valid, all charged against Reeves will be dropped and the case will be closed. But if the judge does not reasonably believe Reeves was in fear of death or great bodily injury, then this case will proceed to trial.

"I was defending myself. It don't make it any easier to accept but that's what I was doing," said Reeves.

Reeves is charged with second-degree murder and aggravated battery.

The judge will rule on the case no later than March 10.

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Final day of controversial movie theater 'Stand Your Ground' hearing ... - ABC Action News

The Florida Legislature is considering significant changes to the stand your ground law that will make our communities less safe and unnecessarily disrupt our criminal justice system while doing nothing to protect those who legally own guns.

The Legislature also has falsely suggested the proposed changes will have no financial impact. The proposed legislation fundamentally changes our jury system by requiring, for the first time in Florida legal history, that state prosecutors would have to disprove a legal defense to even begin prosecuting a case. The proposals quickly moving through this years legislative process threaten public safety and undermine the fair and equal criminal justice system that our community deserves.

In 2005, the Legislature enacted the nations first stand your ground law, which removed a persons duty to retreat before using force in self-defense of himself, another person, his home, or property. In legal terms, stand your ground expanded the scope of the long-standing defense of self-defense. Procedurally, a criminal defendant asserting stand your ground immunity must establish by a preponderance of evidence (more than 50 percent standard) at a pretrial hearing that he or she acted in self-defense.

Proponents of changing the law claim it restores the fundamental principle of justice that a citizen is innocent until proven guilty. Nothing could be further from the truth. Our Constitution guarantees the innocence of the accused until every element of the crime has been proven beyond a reasonable doubt. As the state attorney for Hillsborough County, I wholeheartedly embrace our extremely high burden of proof to obtain a conviction. The proposed changes, however, create an unnecessary and technical legal hurdle in the law to force the state to disprove a defense which would often require proving a negative beyond a reasonable doubt, upending the constitutional standard and centuries-old common law.

The impact of these changes would be monumental. Under the legislation, SB 128, a defendant simply can make an unsworn, unverified representation to a court that he acted in self-defense. Then, before prosecution can even begin, the state would have to prove beyond a reasonable doubt that the defendant did not act in self-defense. This would require essentially two trials. Supporters of the bill claim that it is limited to cases involving the use of firearms, but the scope of the changes encompasses all violent crime. Every murder. Every stabbing. Every beating and assault. And every domestic violence attack.

To implement these proposals, we will need more judges, more courtrooms, more prosecutors and more law enforcement officers. In Hillsborough County, this would impact more than 5,000 cases per year. If only half of those cases involve a claim of stand your ground immunity, the time and resources in my office alone amount to nearly $3 million annually.

The bill wastes taxpayer dollars by needlessly increasing the workload of prosecutors and law enforcement officers. Beyond the economic impact, the proposed changes undermine public safety by taking police officers off the street and forcing them into the courtroom, and by making it harder to prosecute violent crime. The changes will embolden violent criminals and prevent justice for victims. As written, the bill is anti-law enforcement and anti-law and order.

I stand ready and willing to work with supporters of these bills who seek sensible implementation of stand your ground immunity to protect responsible gun owners. At a minimum, the Legislature should require defendants to provide facts sworn under oath and reduce the standard to a preponderance of the evidence. The proposed legislation is not about guns or innocence; it is about public safety and the effective operation of our criminal justice system. I call on legislators, gun rights advocates, survivors of domestic violence and all stakeholders in our criminal justice system to work together toward sensible solutions instead of the wholesale, irresponsible changes found in these proposals.

___

Andrew Warren is state attorney for the 13th Judicial Circuit, which covers Hillsborough County.

[This op-ed was first published March 2 in the Tampa Bay Times, republished with permission.]

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Andrew Warren: 'Stand your ground' changes bad for law enforcement - SaintPetersBlog (blog)

The debate over controversial stand your ground laws is heating up again, as lawmakers in at least two states are seekingto expand protections for people who commit violence in self-defense.

Republican state lawmakers in Iowa advanced a bill toenhance existing stand your ground lawsin the state on Wednesday. Bya party-line vote 13-7, Republicans on the House Judiciary Committee voted to send House Study Bill 133 to the full House floor for debate. The proposed legislation would expand the so-called castle doctrine part of English common law which maintainsthat a person could defend his life with lethal force if necessary when an intruder entered his home or property to public spaces.

Currently,Iowa law saysone must exhaust other ways of getting to safety if they feel their life is at risk when in public.

Under Republicans proposed changes, a person would not have to exhaust lesser means before using deadly forceif they feel their life is at risk.

It is about the right to self-preservation, Republican Rep. Matt Windschitl saidina House committee meeting on Wednesday. This is about making sure Iowans whoever find themselves in a situation where they have to make a snap decision that they dont have that fear in the back of their mind of being prosecuted, taken to court and losing a whole bunch of money on attorneys fees and time out of their life when they were justified in defending themselves or another person.

However, David Walker, a retired Drake University Law School dean, testifiedthat Iowas castle doctrine already allows Iowans to use deadly force if they reasonably believe their life is endangered in their home or car.

Some of Iowas black residents have expressed concern that the expanded law would bring on more violence, not less.

That is highly concerning to me, because I could just possibly walk in a room,somebody could be afraidand they feel threatened, and Im on the ground with a bullet in my chest,Renaldo Johnson testified at a recent House hearing, according to the Des Moines Register.Just because they are afraid, they can kill someone, he said of his neighbors.

Ive watched my son walk from the back of my house to the front of my house and be stopped by a police officer because he fits the bill of that kid, Des Moines resident Laural Clinton testified.Im a parent, and this law scares me.

Clinton told the House panel, Im not anti-gun.Im anti-stand your ground.

The Republicans proposal also allows citizens who believe they are adversely affected by anynew guns-free zone on state or local government property can sue for damages.

In Florida, Republican lawmakers want to change that states existing stand your ground law to make prosecutors prove a defendant wasnt acting in self-defense before proceeding to trial, a measure being decried by law-enforcement and gun-control critics.

The change to the Sunshine States 2005 law wouldshift the burden of proof from defendants to prosecutors during the pre-trial phase of court proceedings for cases in which the defendant invokes self-defense.

Floridas existing stand your ground law received worldwide scrutiny after the 2012 killing of unarmed black teenager Trayvon Martin by an armed neighborhood watchman George Zimmerman.

Although the law was not ultimately used in Zimmermans defense, his trial and eventual acquittalbrought to light the states uneven application of the law.

After Martins death, the Tampa Bay Times conducted an investigation of almost 200 stand your ground cases and found that such cases are on the rise largely because defense attorneys are using stand your ground in ways states never envisioned. The paper noted that defendants claiming stand your ground are more likely to prevail if the victim is black and that blacks who use stand your ground are almost 15 percent more likely to face a penalty for doing so than their white peers.

Marrissa Alexander, an African-American woman whose stand your ground defense against a husband with an admitted history of abuse was denied by a judge during a pre-trial hearing, supports Republican efforts to change the law.

Here is a black woman who had a history of abuse against her and tried to use stand your ground and ended up with a 20-year sentence, Bruce Zimet, one of Alexanders lawyers recently told the New York Times. Alexander told the Times she believes the stand your ground law was never considered by her judge. She spent almost a half-dozen years either locked in prison or confined to her house after she was convicted of aggravated assault charges in 2012 for firing a warning shot at her husband. Her conviction was overturned on appeal in 2013.

Florida was the first state to pass a stand your ground law, in 2005, with strong support from the National Rifle Association. According to the American Civil Liberties Union, 23 other states have such laws.

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Stand your ground everywhere: Republicans seek to expand gun immunity laws across the country - Salon