Quote:
Originally Posted by Johnrh
Not in Stand Your Ground cases, at least in FL. In FL there is a hearing before trial if you claim SYG. In that hearing, before the law, you had to prove it was justified not the prosecutor proving it was not justified. Now the prosecutor has to prove it was NOT justified. The burden of proof is now on the prosecutor.
You're now going to say "yeah, that's what I said" but no you would be wrong. It all depends on how the law is written for SYG cases. Like I said, prior to the law change in FL the burden of proof was on you that you were justified. It was "you're guilty, you prove you're not".
It's easy to equate SYG with SD but they are two different things.
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That hearing is ruled on by the judge. Judges have been bending laws since the beginning of this country. The reality is, and has always been that though supposedly innocent until proven guilty does not mean jack. People lose their jobs based on their arrest though they are tech innocent, they have to lose thousands of dollars while supposedly innocent. They lose RIGHTS while waiting trial even though they are innocent.
I have no sympathy for criminals, but a very small amount of the people arrested may very well be innocent. But they definitely will not be treated like they are innocent until proven so, and even then the repercussions will still linger.