Miami judge rules Florida's self-defense law is unconstitutional | Miami Herald

Miami judge rules Florida's self-defense law is unconstitutional | Miami Herald:

Florida’s updated “Stand Your Ground” self-defense law is unconstitutional, a Miami judge ruled on Monday. Miami-Dade Circuit Judge Milton Hirsch ruled that lawmakers overstepped their authority in modifying the law this year to force prosecutors to disprove a defendant’s self-defense claim at a pre-trial hearing. The judge ruled that under Florida’s constitution, that change should have been crafted by the Florida Supreme Court, not the Legislature. “As a matter of constitutional separation of powers, that procedure cannot be legislatively modified,” Hirsch wrote in a 14-page order.

H/T:Arms and the Law

Although I am not a lawyer and I do not play one on television, it occurs to me that Judge Hirsch is swinging the duty to present a defense of a judicial position from the prosecution to the defense.

I seem to remember that there is a document ... let me see .. *(shuffle; Declaration of Independence; Constitution of the United States of America; Federalist Papers)*  well, I can't find it now, but I have this strong suspicion that there is some niggling "Innocent until Proven Guilty" clause somewhere.

You'll have to take my word for it, but if it is true that the accused is assumed to be innocent .. whoa!!! Judge Hirsch (wasn't he a lead player in a comedy series "TAXI" a few decades back????)

... sorry to be so disorganized ...

Anyway, I rather assumed that this self-defense law would merely supplement the "innocent ... etc." thingie, rather than throwing a Rat into the Bar-b-Que.  Which is what Judge Hirsche (are you SURE he isn't a mid-20's television star?) seems to find offensive that the Defense will require the Prosecution to make their case:

From the Miami Herald

Florida’s updated “Stand Your Ground” self-defense law is unconstitutional, a Miami judge ruled on Monday.
Miami-Dade Circuit Judge Milton Hirsch ruled that lawmakers overstepped their authority in modifying the law this year to force prosecutors to disprove a defendant’s self-defense claim at a pre-trial hearing.
The judge ruled that under Florida’s constitution, that change should have been crafted by the Florida Supreme Court, not the Legislature.
“As a matter of constitutional separation of powers, that procedure cannot be legislatively modified,” Hirsch wrote in a 14-page order.

I'm just guessing, because everybody knows that the Prosecution is trying to establish the facts of a case, not to throw the accused into eternal penury; and the judge just wants to ensure that Justice Is Done.  So I'm not sure why Judge Hirsch is feeling so cranky this morning (needs more fiber???)

I rather suspect that the objection is that the defense may be offered in "Pre-Trial" hearings, rather than at a trial. But isn't that A Good Thing?  Why empanel a jury for a full trial, when they can present salient evidence during pre-trial hearings and everyone can just sigh, say "Oh .. well. alright then; next case???"?

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