Florida’s updated “Stand Your Ground” law was ruled unconstitutional by a state judge on Monday. The judge said it was not within state legislators authority to make changes to the law.
The new changes to the law were a modification to the law that already forces prosecutors to disprove a defendant’s self-defense claim at a pre-trial hearing. But Miami-Dade Circuit Judge Milton Hirsch, ruled that under Florida’s constitution that change should have been crafted by the Florida Supreme Court and not the Legislature, the Miami Herald reported.
“As a matter of constitutional separation of powers, that procedure cannot be legislatively modified,” Hirsch wrote in a 14-page order.
For prosecutors who oppose the law, the ruling was a victory, Miami Herald reported. These prosecutors have said that the law makes it easier for defendants to get away with murder and other violent crimes.
“Stand Your Ground” first passed in 2005, has been a symbol of controversy ever since. The self-defense law essentially eliminates a citizen’s duty to retreat and allows them to resort to deadly force in a situation where they feel threatened. The concept of “duty to retreat” states that a person who is under imminent threat must retreat from the threat as much as possible before using force in self-defense. And because the “Stand Your Ground” law removes this concept and fosters a shoot-first mentality, it has been widely scrutinized as it gives killers an easy pass at justice. Prosecutors also say that the law makes it easier for judges to dismiss criminal charges if they believe someone acted in self-defense.
Back when the law was enacted, the Florida Supreme Court ruled that defendants asking for immunity from criminal prosecution must be the ones to prove they were acting in self-defense. As a result of this, in Miami-Dade judges have excused high-profile murder cases after pre-trial immunity hearings, but have also allowed many more to go to a jury, according to Miami Herald.
However, that changed in May when the NRA-backed bill– another controversial law–was passed. In pre-trial hearings now, prosecutors have the burden of disproving a self-defense claim. State attorneys have said that this essentially forces them to unfairly try a case twice, making it easier for criminals to escape violent charges. Under the law, prosecutors must prove by “clear and convincing” evidence that a defendant was not acting in self-defense.
Despite the Judge Hirsch’s decision, the ruling is not binding so other trial courts across the state are not obligated to follow the law. And his ruling does not necessarily mean that the Florida Supreme Court will review the law anytime soon.
“I would be surprised if this decision were upheld at the appellate level,” Sen. Rob Bradley and a former prosecutor who championed the modification of the law told the Miami Herald.
Some advocates, on the other hand, predict that the ruling would be reversed on appeal. “It is the role of the legislature to write the laws that govern how Floridians may exercise their statutory and constitutional rights,” Richard Corcoran, the Republican speaker of the House of Representatives, said in a statement, Reuters reported. “The Florida House will continue to stand with ordinary citizens who exercise their right to self-defense.”
Over a decade ago, Florida was the first state to enact “Stand Your Ground” laws, and since then over 20 other states have followed. Although the wording of each state’s law varies, each is tied to the concept that allows civilians to first resort to self-defense in a dangerous situation. States that have not enacted this concept abide by duty to retreat laws.
