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.
“That’s the rule in every gun shooting instance, saving your own life or the life of another.”
In the State of Washington (and I believe Texas as well, and no doubt other states) the term “self defense” includes defending against felony property crimes (theft, arson, etc.) However, there is always the gung-ho prosecutor that goes after the people protecting their property, so that takes it off the table for me - it isn’t worth the hassle to try to defend against a theft.
Sometimes the good guy goes free, sometimes the good guy goes to jail for eight years.
Who appointed “God above all”? Jeb Bush, or another democrat?
No, that is not the job of the judiciary. Marbury v. Madison set the precedent for ruling things as void if they violated the constitution, it says nothing about the court being the place legislature is written. People like you are part of the problem.
I know. Since when is the judiciary charged with writing legislation
You are correct. We elect people to make our law[s]. That judge should be ignored. And removed.
“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.”
Bullschtein!
The legislature has the final say. It’s high time legislatures all up and down the line start flexing their Constitutional muscles.
They can even (GASP!) reverse/nullify a court ruling.
Well, the Democrat Party is a Party of murderers. They murder the innocent and protect the guilty.
Legislators craft laws.
Not unaccountable courts.
The judiciary is now in the business of making advisory rulings? I’m glad I no longer live in Florida.
That is what I was taught in high school civics. There were three branches of Government: The Leglistative Branch makes the laws. The Executive Branch enforces the laws.And the Judicial Branch interprets the laws.
Moron judge says lawmakers cannot create legislation. Needs to be removed from the bench.
Floriduh
Absolutely and the gun control laws were to prevent the Blacks from defending themselves against the Democrat Party night riders.
Far more conservative judges in the Sunshine state than the liberal legislate from the bench bunch. The Northeast and Northwest are infested with the activists......
Far more conservative judges in the Sunshine state than the liberal legislate from the bench bunch. The Northeast and Northwest are infested with the activists......
Far more conservative judges in the Sunshine state than the liberal legislate from the bench bunch. The Northeast and Northwest are infested with the activists......
:: the changes should have been crafted by the Florida Supreme Court ::
A clear violation of the separation of powers guaranteed in the FLA constitution.
Also, if this is the basis of his ruling, he should be removed from the bench for malfeasance.
Cheese and Rice!!
YA THINK??!!??!!
Turd on wheels. That’s a face only a mother could love.
I note that the jurist neglected to cite what article and subsection of our National Constitution validates that (clearly erroneous) opinion.
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