clear and convincing evidence

Legislative fix to ‘Stand Your Ground’ law goes to Rick Scott

Published on May 5, 2017 in Statewide/Top Headlines by Jim Rosica

The Senate blinked in a fight over a standard of evidence, sending a fix to the state’s “stand your ground” law to Gov. Rick Scott. The House on Friday voted to “insist” that the Senate accept its amendment to Sen. Rob Bradley‘s bill (SB 128), which aims to streamline claims of self-defense. Last month, it OK’d the bill but changed the burden of proof to “clear and convincing evidence,” a lower threshold than the Senate’s “beyond a reasonable doubt,” to overcome self-defense. By Friday…

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House sends back Senate’s ‘Stand Your Ground’ bill

Published on April 5, 2017 in Statewide/Top Headlines by Jim Rosica

The House on Wednesday OK’d the Senate’s fix to the state’s “stand your ground” law to streamline claims of self-defense—with one change. The House version changes the measure (SB 128) to switch the burden of proof to “clear and convincing evidence,” a lower threshold than the Senate’s “beyond a reasonable doubt,” to overcome self-defense. Members voted 74-39 for the amended bill, sending it back across the rotunda. The Republican majority in the Legislature wants to shift the burden to prosecutors, making them disprove a claim…

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