Gun Control & RKBA
Related: About this forumThe Money Trail Behind Florida's Notorious Gun Law
On April 26, 2005, Florida Gov. Jeb Bush signed into law SB 436, better known as the "Stand Your Ground" law, which gave Floridians the right to use deadly force to defend themselves in public without first trying to flee from a threat. Nearly seven years later, the law has exploded into public view with the killing of 17-year-old Trayvon Martin in Sanford, Florida. Police released the shooter, George Zimmerman, the night of the killing after he claimed self-defense; ever since, there has been a firestorm of debate over the wisdom of Stand Your Ground laws, also known as "shoot first" laws, which now exist in 24 states.
The money trail leading to the watershed law in Floridathe first of the 24 across the nationtraces primarily to one source: the National Rifle Association. When Gov. Bush conducted the 2005 signing ceremony, standing alongside him was Marion Hammer, a leader and familiar face from the pro-gun lobbying powerhouse. But the NRA's support for the Stand Your Ground law was far more than symbolic. An analysis by Mother Jones of election and lobbying records reveals that the NRA was instrumental in creating Stand Your Ground: Over a nine-year period the organization gave more than $73,000 in campaign donations to the 43 Florida legislators who backed the law. That money was buttressed by intense lobbying activity and additional funds spent by the NRA in support of the bill's introduction and passage.
http://motherjones.com/politics/2012/03/NRA-stand-your-ground-trayvon-martin
ileus
(15,396 posts)pipoman
(16,038 posts)as most other criminal law..innocent until proven guilty beyond a reasonable doubt. Previously, a person defending themselves against an attack had to prove beyond a reasonable doubt they had no way to flee...the burden has simply been shifted back to the accuser, as it should be..
Further $73k isn't enough to buy even one politician let alone 43..face it, the politicians supporting this bill were encouraged by their constituents.
COLGATE4
(14,732 posts)There have always been different burdens of proof. Prior to this aberration, self-defense was what is known as an 'affirmative defense', in which the offense committed is admitted but some justification is alleged. In that case the burden of proof shifts to the person alleging the justification. The same principle of affirmative defense is found in pleas of insanity, where the person claiming to be insane has the burden of proving it.
gejohnston
(17,502 posts)justifiable homicide is not a crime. Isn't the same as proving your innocence vs the State proving your guilt.
COLGATE4
(14,732 posts)of a homicide carried out either in self defense or defense of others. In any case it's still an affirmative defense.
sarisataka
(18,656 posts)But are you not then giving up your right against self-incrimination?
Since you must say "Yes I did it but,..." you do not have the option of pleading not guilty or innocent.
I hear anecdotes from police that gang members say it was self-defense when they shoot other gangs yet the state still has to prove they are guilty of charges x,y and z.
COLGATE4
(14,732 posts)The essence of an affirmative defense is that you are telling the court "Yes, I did it, but I was justified so I don't merit any punishment". The alternative is to simpy plead not guilty. This is reserved for situations where challenging the act itself is pointless. In your example of police shootings, the cops are never charged in the first place. The police dept does a shooting investigation and the D.A. goes along with what they find.
sarisataka
(18,656 posts)I have had people ask me variations of the question and have not had a definitive answer.
Now I know
enough
(13,259 posts)AH1Apache
(502 posts)according to most of the anti's, it's the evil gun manufacturers.
rrneck
(17,671 posts)Are Democrats who just don't know it yet. Some call them the 99%.
Hoyt
(54,770 posts)rrneck
(17,671 posts)jpak
(41,758 posts)yup
AH1Apache
(502 posts)ileus
(15,396 posts)Just as planned....
pipoman
(16,038 posts)a whole $1700 each..nobody has that kind of cash but those 1%er GOPer's, huh?
Common Sense Party
(14,139 posts)oneshooter
(8,614 posts)ProgressiveProfessor
(22,144 posts)I also believe it is not particularly relevant in the shooting case.
Common Sense Party
(14,139 posts)In this case it would have to be "racist Democratic vigilantes," I guess.
X_Digger
(18,585 posts)I'm sorry, was this supposed to be some big revelation?
*yawn*