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Posted on 07/03/2017 10:44:16 AM PDT by rarestia
MIAMI --
A judge has ruled that Florida's lawmakers overstepped their authority in updating the state's "Stand Your Ground" ruling.
Ruling issued Monday by Miami-Dade circuit judge Was signed into law in June by Gov. Rick Scott
In ruling the law unconstitutional, Miami-Dade Circuit Judge Milton Hirsch said Monday that the changes should have been crafted by the Florida Supreme Court instead of by the Legislature.
The Miami Herald reports that the 14-page order is a victory for prosecutors who have firmly opposed the law.
Critics have said the law makes it easier for defendants to get away with murder and other violent crimes.
The Legislature modified the 2005 statute and Gov. Rick Scott signed it into law in June. The bill was backed by the National Rifle Association.
Under the law, prosecutors must prove by "clear and convincing" evidence that someone wasn't acting in self-defense.
He also says the state’s death penalty is unconstitutional:
http://www.miamiherald.com/news/local/community/miami-dade/article76520707.html
He also doesn’t like fingerprint evidence:
http://www.miamiherald.com/latest-news/article1944069.html
He also says it’s unconstitutional to hold illegal immigrants for deportation after cleared of local charges:
The judge is a would-be totalitarian, criminal-coddling, liberal loon.
Since when does a judge “Make Law”????? Just another Demorat FOOL!!!!
No, you imperious, activist shithead: it's up to legislators, elected by the people, to write the laws. It's up to black-robed maggots like YOU to ENFORCE the laws, and nothing more. Got that straight?
Thank you! You read the decision, gave it some thought, and kindly shared your findings with us. MFRGA! We should be able to give votes to the value of a reply/post similar to Amazon. You would be a top “reviewer”.
“The judge is an asshole and should be removed.”
I wish the Supreme Court would start demanding that the ABA investigate judges who make such idiotic rulings, with a view to their impeachment, disbarment, and removal from the bench.
It’s rarely as simple as it is for people who post without reading the article. Reading makes things much more complicated. Better to just comment. :)
The real problem is the headline is “fake news”. The judge was not ruling on “stand your ground”, but now a million people are cheering that “stand your ground” was found “unconstitutional”. And when they find that is not true, they won’t blame the media, they’ll find someone they already hate to blame.
Also, technically, the judge did NOT rule that requiring what this law requires would be “unconstitutional” either. What he ruled “unconstitutional” was the legislature doing it. So, it is possible that the legislature could get the supreme court to adopt their procedure. Heck, since I think there are elections for judges, the people could elect judges that would implement that procedure, I suppose.
So many judges are idiots. Is that because they are lawyers or what?
That will be overruled. it is absurd on the face of it.
“To say what the law is”
Not a lawyer, but I have to think there must be some context there.
That’s my take as well, and why shouldn’t the state have to prove that someone wasn’t in fear of their life?
That’s the rule in every gun shooting instance, saving your own life or the life of another.
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in the mind of the judge, nothing. He has decide he is apparently a emperor.
The law should have been written by the judiciary and not the legislature?????????????????I think not.
“Circuit Judge Milton Hirsch said Monday that the changes should have been crafted by the Florida Supreme Court instead of by the Legislature.”
Methinks judge Milton has tyranny on his mind.
5.56mm
If this judge is right, then I guess the presumption of innocence until proven guilty is unconstitutional.
With the ongoing evolution of the courts it is already established that the courts can legislate. At this time they call it “interpreting” but it is legislating. The Colorado actually decided that a provision fo the Colorado Constitution was unconstitutional and struck it down. It was accepted in Colorado with some complaining as to what the court did but no protest that the court could not do it. That part is just about universally accepted. Until Trump I was waiting for the USSC to declare the 2nd Amd unConstitutional.
It won’t make it past the FLSC.
“So many judges are idiots. Is that because they are lawyers or what?”
I think it’s because they are leftists. They were appointed by other leftists, with a mandate to act like leftists. What could be stupider?
Not satire- Miami.
Correct. Nice to see someone else actually reads the decision.
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