A bill to shift the burden of proof in “Stand Your Ground” cases will make another appearance in the Florida Legislature next year.
Sen. Rob Bradley, R-Fleming Island, filed the legislation (SB 128) to shift the burden of proof in self-defense cases on Thursday.
“The government has the burden of proof in a criminal case from the beginning of a case until the end,” said Bradley. “This fundamental premise is guaranteed in our Constitution and understood intuitively by all Floridians.”
Bradley’s proposal would give defendants more protection from prosecution in “Stand Your Ground” cases by requiring prosecutors to prove “beyond a reasonable doubt” whether a defendant is entitled to immunity at a pretrial hearing in order to disprove a claim of self-defense immunity.
That means prosecutors would have to prove why a defendant shouldn’t be able to use the defense claim before it even gets to court.
The legislation clarifies that the government, not the accused, has the burden of proof in a “Stand Your Ground” immunity hearing.
Sen. Bradley introduced the bill for the first time last year. The measure came on the heels of a Florida Supreme Court last summer which ruled defendants would be responsible for the burden of proof showing they shouldn’t be prosecuted in “Stand Your Ground” cases.
Bradley said the bill is crucial to protect Floridians’ right to self-defense.
“We have an obligation to zealously guard the protections granted us all in the Constitution,” he explained.
Bradley filed identical legislation during last year’s legislative session. The bill had a relatively easy time making its way through the Senate, but it did not fare as well in the House, where it stalled out in the House Justice Committee, flopping due to a 6-6 vote.
The legislation had, at the time, gathered significant support from pro-gun groups like the National Rifle Association, which said the bill was vital for gun owners who may use their weapons to protect themselves in potentially harmful situations.
Florida’s “Stand Your Ground” law has been on the books since 2005, but it garnered national attention in 2014 during the Trayvon Martin case, where defendant George Zimmerman claimed he was using self-defense when he shot the black teenager to death in Florida. Zimmerman was acquitted for the crime.
Despite the bill’s death last year, Bradley said the support of gun rights’ advocates and from Republicans gave him hope for the bill to have a second life.
“It was uplifting last session to have the support of fellow conservatives around the state on this important issue,” he said.
The legislative session begins in March.
Reach reporter Allison Nielsen by email at allison@sunshinestatenews.com or follow her on Twitter: @AllisonNielsen.
