Welcome to DU! The truly grassroots left-of-center political community where regular people, not algorithms, drive the discussions and set the standards. Join the community: Create a free account Support DU (and get rid of ads!): Become a Star Member Latest Breaking News General Discussion The DU Lounge All Forums Issue Forums Culture Forums Alliance Forums Region Forums Support Forums Help & Search
 

LetTimmySmoke

(1,202 posts)
Wed Mar 21, 2012, 11:09 PM Mar 2012

Stand your Ground laws - 2 different issues here

I'm a bit confused about the controversy over Stand your Ground laws. It seems to me that there are two separate issues at play:

1. Scope of Self Defense:
Whether or not you have a duty to retreat before using deadly force.


2. Burden of Proof:
Is self defense still an affirmative defense (must be proven in court by defendant after admission to killing in order to escape guilt), or does the burden of shift to the prosecutors to prove that there was no self defense?


From the reporting, it sounds like FL's law changed both the scope and the burden of proof. No more duty to retreat, and prosecutors have to prove non-self-defense. What about the other states - do they just eliminate the duty to retreat, or do they switch the burden of proof too? I think the duty to retreat in and of itself is something reasonable people can argue, but switching the burden of proof on self defense is fucking insanity.


PS: I think Zimmerman gets convicted even with FL's law given all the evidence that he stalked and chased Trayvon Martin.

1 replies = new reply since forum marked as read
Highlight: NoneDon't highlight anything 5 newestHighlight 5 most recent replies
Stand your Ground laws - 2 different issues here (Original Post) LetTimmySmoke Mar 2012 OP
Yes safeinOhio Mar 2012 #1
Latest Discussions»General Discussion»Stand your Ground laws - ...