Posted on 03/23/2014 5:55:57 PM PDT by marktwain
HB 89, a reform of the "Stand Your Ground" law, passed the Florida House on 20 March with a vote of 93-24. The law extends the same immunity given to people who actually shoot someone in self defense to those who only threaten force or fire warning shots in self defense.
The bill was given impetus by the Marissa Alexander case where the defendant claimed to have fired a warning shot, but was sentenced to 20 years in prison under Florida's mandatory sentencing laws.
The bill has brought together a coalition of diverse supporters, including the Florida Public Defender Association and the NRA.
“We see, routinely, clients that we believe shouldn’t be prosecuted because they did act in lawful self-defense,” said Stacy Scott, the Gainesville-based public defender for the 8th Judicial Circuit. “We’re fighting those cases in court every day.”The reform bill also provides for the expungement of records in self defense cases. From bradenton.com, Representative Matt Gaetz:
“The point is to make sure that someone who appropriately uses the ‘stand your ground’ defense doesn’t have their life ruined by the use of that defense,” Gaetz said.This site shows the recorded vote of 93 to 24. The bill passed with strong bipartisan support.
Sounds good. Good for Florida.
Trayvon’s parents aren’t going to be happy about it.
“Warning Shots” are usually a bad idea.
If you should have a situation where you believe a “warning shot” is appropriate.....NEVER ADMIT TO COPS THAT IT WAS A “WARNING SHOT”!!!
You “feared for your life” and just happened to miss!!!!!
The perpetually outraged are impossible to placate. :-)
The Rev. jacksonnnnnnnnnnnnnnn will be complaint about racism is 5...4...
Bad cases make good law? IIRC, Alexander’s “innocence” was highly questionable.
I am completely and totally thankful this article did not include the words
Travon
George
Martin
Zimmerman
Hopefully we’ve gotten beyond that.
“Warning Shots” are usually a bad idea.
I think so to... with emphasis on the “usually”.
I simply see many instances where they seem to work to convince the aggressor that the defender is serious.
The real danger is the bullet hitting someone not intended.
1. This wouldn't be a story if Alexander wasn't black.
2. She left, got the gun, and then returned in order to fire here "warning shot". The DA viewed it as intimidation with a firearm.
3. 20 years was a stupidly long sentence for the offense, but that is the M.O. of our DA, Angela Corey, who over charges everthing she touches.
You make good points. I agree that the major impetus for the law is the insanity of the inflexible sentencing law.
Always shoot to stop. Warning shots are for the movies.
Bwaaahaha
That is true and it is probably because of her overreach that this case was usable as leverage for an expansion of FL's SYG law. She pushed the pendulum too far for her personal gain and it swung back in favor of all Floridians. Lemons made into lemonade.
This is Trojan Horse legislation!
It was aggravated assault. I doubt the DA viewed it as intimidation. It was probably viewed as missed shot.
"3. 20 years was a stupidly long sentence for the offense, but that is the M.O. of our DA, Angela Corey, who over charges everthing she touches."
In this case the fault is the Florida minimum sentencing laws. It is a stupidly long sentence, but it's also mandated by the law. The DA had nothing to do with it. In fact, Alexander was offered a plea deal for 3 years, but turned it down.
“This is Trojan Horse legislation!”
How so? I’m not saying you are wrong I just am not seeing it.
something about “mills grinding extremely fine”
comes to mind... but it’s us who have to do the
grinding. and remember: if “they” get the upper hand
all the gains will be erased.
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