One of Florida's Proudest Exports
Miami Judge decides that the courts get to decide the limits of our constitutional rights not the legislature. This is a clear case of legislating from the bench.
Miami-Dade Circuit Court Judge Milton Hirsch said courts, not lawmakers, should set the process by which defendants can claim they were protecting themselves with an act of violence, according to the ruling posted online by the Miami Herald.
The revision shifted the burden of proof during pretrial hearings to prosecutors, rather than defendants, to show whether force was used lawfully. Supporters saw the changes backed by the National Rifle Association, the powerful U.S. gun lobby, as bolstering civilians' rights to protect themselves.
The revision to the law that this Judge objected to is the correct application of 'innocent until proven guilty.' Prosecutors are the ones charged with having burden of proof, not defendants. This ruling is, on its face, tyrannical and anathema to a free society.
Any half-awake first-year law student can see this argument is moronic. But, state prosecutors and judges never agree with a curtailment of their power. We live in a land where lawyers believe they are the keepers of the secret Illuminati code of right and wrong.
And us plebes exist at their sufferance. If the State is the one making the accusation that a crime has been committed then it is the State that should prove that accusation in any pre-trial hearing. Why on earth do these people think that those that act in self-defense do not deserve the same due-process protection under the law as murderers do?
Source:
http://www.reuters.com/article/us-florida-guns-idUSKBN19O2HY
I agree, citizens of this country are not taught the law, not taught their rights and history of what the bill of rights are and what the constitution is about, only you must respect the law no matter if the law is against your rights.
Bad things happen when good people do nothing.
But everyone is afraid and nobody wants to stand up Against the tyranny that's happening.
They have grown dependent and are afraid to bite the hand that feed them, sad...unless they wake up, they are lost.
We a country will lose, all we can do is try to educate them, let them see the REAL world.
Not only are we not taught the law, but the law assumes that we have been taught, or that we know things by "osmosis" I guess. That is why in a courtroom the jurors are not allowed to know their rights. If a law is against your rights, jurors have the power to nullify such law, and they don't know it and prosecutors and judges will do everything in their power not to allow them to know.
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The Judge is right...It's called "presumption of innocence".
"One of the most sacred principles in the American criminal justice system, holding that a defendant is innocent until proven guilty".
The revision shifted the burden of proof during pretrial hearings to prosecutors, rather than defendants