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Old 06-09-2017, 07:51 PM
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FfNJGTFO FfNJGTFO is offline
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Default Sometimes, Florida gets it right!

Reports are coming from reliable 2A sources that Fl. Gov. Rick S cott has signed bill SB-128 into law, today. This bill shifts the "burden of proof" in cases involving a HD/SD use of force (including deadly force) from the defense, to the prosecution, where the original law intended it to be.

In FL, If a person involved in a HD/SD use of force and/or deadly force claims that use was "justifiable" under FL's "justifiable use of force" laws, they have the option of a pre-trial hearing to resolve the matter. If the pre-trial result is that the use was justified (or it's declared justified by LE without a hearing), the shooter is then immune from any further legal action (either criminal or civil) in re: that particular incident. However, due to case law and judiciary procedures, the burden of proof (that the use of force was justified) has fallen on the defense. With the signing of this bill, the burden of proof shifts back to the State or prosecution.... HOWEVER, with a "reduced" standard of "clear and convincing evidence..." not the more difficult "Beyond a reasonable doubt" standard. It's more than "preponderance of the evidence" std (51%) but less than "reasonable doubt" (about 90+%). Still, it's the best pro 2A thing we got this year from the legislature, so we'll take it.

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