A Circuit Judge in Miami-Dade has found that lawmakers went beyond authority granted to them to create the law that forces the prosecution to disprove a self-defense claim made by a defendant during the pre-trial process instead of in front of a jury.
The judge held that the change in the law should have been created by the state’s Supreme Court and not by the Legislature.
Prosecutors see this as a big win. They opposed the law, which they think made easier for defendants to get away with violent crime and murder.
The Attorney General said that they would appeal the order. Most likely next step is the appellate courts and the Florida Supreme Court.
The powerful National Rifle Association lobbied for the law, a controversial update to “Stand Your Ground” originally passed in 2005. Critics say that the divisive self-defense law creates a shoot-first mentality – and gives killers a free pass. It got rid of a citizen’s duty to withdraw before the use of deadly force against a threat.
Additionally, the law allowed judges to more easily dismiss criminal charges before a jury hears the case if they decided that a defendant took action in self-defense.
The governor of Florida signed the new law into effect recently.
Currently, at pre-trial hearings, prosecutors must discredit a defendant’s self-defense claim, which basically essentially compels the State to try a case two times. They must prove a defendant was not acting in self-defense by the standard known as “clear and convincing” evidence.
The judge, Milton Hirsch, is known for being a leader on deciding important legal issues that upset norms. For example, he found that that the County’s inmate detention policy was in violation of the constitution. Last year, the judge ruled that a sentencing plan for the death-penalty was not constitutional, which was upheld by the Florida Supreme Court.
Defense attorney Brian Leifert noted, “The new law continues to put the burden of proof on prosecutors that a crime was committed and simply perpetuates the very foundation of our criminal justice system – “innocent until proven guilty.”
