Florida Stand Your Ground Law Ruled Unconstitutional

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  • ras_oscar

    Ultimate Member
    Apr 23, 2014
    1,667
    Are judges at this level elected, appointed for a tem or appointed for life?
     

    MigraineMan

    Defenestration Specialist
    Jun 9, 2011
    19,216
    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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