Like I always say, a broken clock is right twice a day. Yesterday, a judge ruled that the “Stand Your Ground Law” is unconstitutional. The law required prosecutors to disprove a defendant’s self-defense case at pretrial hearings, ala the George Zimmerman case back in July 2013. The decision by this judge is bound to cause a ruckus with politicians in Florida and interlock them in a fight that’ll take the issue to the state’s court.

The Miami Herald reports that Miami-Dade Circuit Judge Milton Hirsch ruled that the amendment to the law allowed lawmakers to overstep their authority, adding that it should have been crafted by the Florida Supreme Court in the first place. Hirsch wrote, “As a matter of constitutional separation of powers, that procedure cannot be legislatively modified.” In 2015, the Florida Supreme Court had ruled to shift the burden to defendants, requiring them to prove in pretrial hearings that they were defending themselves in order to avoid prosecution on charges for a violent act.

As you can remember, this is what caused the George Zimmerman case to take a turn for the worse. If this new provision was in place back then it would’ve even trickier to prove that he was acting in self defense, seeing that he got out and actively pursued Trayvon Martin even after the 911 operator told him that it wasn’t necessary.  The law was first passed in 2005, giving citizens the right to shoot first if they felt as if their safety was in danger.  The law explicitly states:

“A person is justified in the use of deadly force and does not have a duty to retreat if: He or she reasonably believes that such force is necessary to prevent imminent death or great bodily harm to himself or herself.“

This is why it’s important for us to go vote and encourage others to as well. Putting the right politicians in place can ensure that we have the right judges in place that can help us in the community. Remember Trayvon Martin as you read this story, as he’s the victim of this law emboldening sick individuals to shoot first then claim defense later.

Sources

1. Florida’s ‘stand your ground’ law ruled unconstitutional by judge, Fox News