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Mon Jul 27, 2015, 06:35 AM

 

Florida Supreme Court made good call on ‘stand your ground’

It got little notice, but the Florida Supreme Court this month clamped a big inhibition on the state’s “Stand your ground” law.

In a 5-2 ruling, the court on July 9 said that defendants who use the controversial legal defense — rather than the government — have the burden of proving it should shield them from prosecution. The ruling drew the ire of the National Rifle Association and points to renewed debate when the Legislature reconvenes.

The case concerns a 2011 road incident in which a vacationing Indiana family was heading toward Disney World in Kissimmee. A blue SUV rapidly passed them on the right side, almost side-swiping them, then cut in front and came to a halt. The SUV driver, Derek Dunning, got out of his vehicle and walked toward the family’s car. The father, Ronald Bretherick, held up a holstered handgun as a warning. Dunning, who was unarmed, returned to his vehicle.

Bretherick’s 22-year-old son, Jared, then got out and pointed his father’s handgun at Dunning’s SUV. When police arrived in answer to several 911 calls, they arrested Jared Bretherick for aggravated assault.

http://opinionzone.blog.palmbeachpost.com/2015/07/20/florida-supreme-court-made-good-call-on-stand-your-ground/

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Reply Florida Supreme Court made good call on ‘stand your ground’ (Original post)
SecularMotion Jul 2015 OP
gejohnston Jul 2015 #1
Nuclear Unicorn Jul 2015 #3
gejohnston Jul 2015 #6
Nuclear Unicorn Jul 2015 #2
krispos42 Jul 2015 #4
Nuclear Unicorn Jul 2015 #5

Response to SecularMotion (Original post)

Mon Jul 27, 2015, 07:39 AM

1. they got it wrong

it is controversial only because the media misreports it. It also has nothing to do with SYG or DTR. The media always gets it wrong.
What it does have to do with is Florida's immunity hearing. All it did was clarify what was clear to me and most people who read it, just not to the defendant.

If you choose an immunity hearing, you have to convince the judge by preponderance of the evidence that it was self defense, otherwise it goes to trial where the State has to disprove it BARD. Some will simply choose to skip the hearing and go straight to trial, see Zimmerman.

The only state where self defense is an affirmative defense, where you have to prove it is Ohio. In every other state, including duty to retreat states, the burden is on the State to prove it BARD.

Outside of the immunity hearing, Florida's self defense law isn't that much different than most states or the federal level, and more restricted than California.

I also would like to see the research claimed. What criminology journals were they published in?

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Response to gejohnston (Reply #1)

Mon Jul 27, 2015, 08:42 AM

3. When you say, "They got it wrong" are you referring to the article's author or the FLSC?

Because you seem to be agreeing with the FLSC.

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Response to Nuclear Unicorn (Reply #3)

Mon Jul 27, 2015, 12:22 PM

6. that was before my morning coffee

the FLSC verified my layperson understanding of the law is. The Op ed did a shitty job of explaining the decision and the law as always.

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Response to SecularMotion (Original post)

Mon Jul 27, 2015, 08:38 AM

2. Dunning retreated to his SUV. I don't see how SYG could apply. nt

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Response to Nuclear Unicorn (Reply #2)

Mon Jul 27, 2015, 09:31 AM

4. An SUV is a weapon as well.

There was the possibility the driver could have used his vehicle to continue his attack once he saw his intended victim had a gun.

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Response to krispos42 (Reply #4)

Mon Jul 27, 2015, 09:47 AM

5. Could. He could have also retreated to retrieve a gun of his own.

However, unless he demonstrated an indication to do so a retreat should be be seen as a retreat. Had the son stepped out of the car with the gun in his hand and simply held it at his side for a tactical advantage of not being stuck in the car if things went bad I don't think there would be much of a case. It was pointing it at the SUV where, I think, he crossed the line.

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