Florida Stand Your Ground Law Ruled Unconstitutional

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  • MigraineMan

    Defenestration Specialist
    Jun 9, 2011
    19,296
    Frederick County
    Found the text for the ruling. Seems the issue at hand connects to Florida's separation of powers as defined in the State Constitution. The Legislature makes "substantive" laws; the Judiciary makes "procedural" laws. Judge Hirsch considers the shift of burder-of-proof from the defendant to the prosecution to be a procedural element, and is thus outside the authority of the State Legislature.
     

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