Miami judge rules Florida’s new Stand-Your-Ground law is unconstitutional
Monday, July 3, 2017 at 07:54PM Florida’s updated “Stand Your Ground” self-defense law is unconstitutional, a Miami judge ruled on Monday.
Miami-Dade Circuit Judge Milton Hirsch ruled that lawmakers overstepped their authority in modifying the law this year to force prosecutors to disprove a defendant’s self-defense claim at a pre-trial hearing.
The judge ruled that under Florida’s constitution, that change should have been crafted by the Florida Supreme Court, not the Legislature.
“As a matter of constitutional separation of powers, that procedure cannot be legislatively modified,” Hirsch wrote in a 14-page order.
The ruling is a victory for prosecutors who have firmly opposed a law they believe makes it easier for defendants to get away with murder and other violent crime.
Hirsch’s ruling isn’t binding – other trial courts across Florida can follow the law if they choose. But it does get the ball rolling on the appeals process, and possibly getting the law reviewed by the Florida Supreme Court.
Sen. Rob Bradley, R-Fleming Island, told the Miami Herald he believes the Legislature acted lawfully.
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