LI: Florida Effort to Change Burden on Self-Defense Immunity Fails
Here's the intro:
A couple of months ago we posted here about the effort of Florida legislator Dennis Braxley to change Florida's self-defense immunity law: Major Change Proposed for Florida Self-defense Immunity Law.
Under the proposed change a person claiming self-defense immunity for their use of force against another could be denied that immunity only if the prosecution could disprove self-defense beyond a reasonable doubt. That effort has now failed, reports the Bradenton Herald.
Current Florida law will remain in effect, requiring that a person claiming self-defense immunity bear the burden of proving self-defense by a preponderance of the evidence. That legal standard had been applied by the courts for several years, and then was explicitly affirmed by the Florida Supreme Court in a 5-2 decision this past July. That decision, Bretherick v. State, 170 So. 3d 766 (FL Supreme Court 2015), is embedded below.
To read the whole thing, click over to Legal Insurrection.