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Old 11-23-2012, 13:15   #2
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rvrctyrngr's Avatar
Join Date: Sep 2004
Location: Gator Nation
Posts: 5,578

I have a huge problem with the 'immunity for self-defense' hearings that are currently being utilized in the courts. The hearing is NOT authorized by statute, and during the hearing, the defendant must prove that they acted in self-defense. The courts are using this based upon a flawed decision by the Florida Supreme Court in State v. Peterson, which based its opinion on a similar but different Colorado Statute!!!

The intent of the legislation was to 'presume immunity for self-defense cases', and make the State prove the defendant did not act in self-defense, not the other way around. What's happening now basically nullifies the Legislature original intent.

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Last edited by rvrctyrngr; 11-23-2012 at 13:16..
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