The so-called “stand your ground” law, as Fox reports, “required prosecutors to disprove a defendant’s self-defense case at pretrial hearings.” If the prosecutor could not prove that the incident was not self defense, than the case didn’t proceed in a criminal court.
Miami-Dade Circuit Judge Milton Hirsch, on Monday, upended that rule. His decision states that lawmakers who crafted the law exceeded their authority. “As a matter of constitutional separation of powers, that procedure cannot be legislatively modified,” Hirsch wrote.
The Florida Supreme Court will ultimately decide the issue. They’d previously weighed in, altering the provision to make the burden of proof the responsibility of the defendant and not the prosecution. Many felt like this was a reversal of the age-old “innocent until proven guilty” philosophy, yet it still allowed for active self-defense.
The current Florida ruling could be tested by the state’s Supreme Court, and potentially by the Supreme Court itself. This one decision may have a significant impact on the rights of Americans who feel they have the right to respond with any means necessary to end threats on their lives.