McKenna on KIRO: Florida takes Stand Your Ground self-defense farther

KIRO 97.3 host Dave Ross asked Rob about Florida’s recently-passed update to its Stand Your Ground law, which a circuit court judge struck down this week. The Associated Press reports, “Now, the new law requires prosecutors to shoulder the burden of disproving a self-defense claim. State attorneys have said that essentially forces them to unfairly try a case twice, making it easier for criminals to escape justice.”

Dave Ross: “If the prosecution wants to argue, ‘But Your Honor, this was egregious. The guy didn’t even try to run, he didn’t say anything, he just pulled out his six-shooter and plugged the guy,’ does the prosecution have any option to pursue the case?”

Rob McKenna: “The prosecution will bring forward whatever evidence it has at that point to try to persuade the judge that the individual, the defendant, is not entitled to the Stand Your Ground defense.

“The problem is that, pre-trial, they may not have all the evidence yet. The case may not be fully developed for purposes of achieving a conviction, even though it was developed enough to arrest the person who shot their attacker.

“So it does, in a dramatic way, shift the burden. And because this will result, in Florida, in a much greater burden on prosecutors and a lot more pre-trial hearings, the judge said that the legislature didn’t have the power to do it.”

Listen here

The following two tabs change content below.