News

Actions

Miami Judge: Florida's new 'Stand Your Ground' law is unconstitutional

Miami Judge: Florida's new 'Stand Your Ground' law is unconstitutional
Posted at 10:55 AM, Jul 03, 2017
and last updated 2017-07-03 10:55:21-04

Miami-Dade County Judge Milton Hirsch has ruled the new "stand your ground" law unconstitutional, according to WPLG in Miami. 

According to WPLG, Hirsch says lawmakers overstepped their authority when they chose to revise the self-defense law. He says it then put the burden of proof on prosecutors. 

Hirsch ruled that the Florida Supreme Court should have revised the law, not the state Legislature. 

The "stand your ground" law was originally passed in 2005. It allowed citizens to use deadly force on a perceived threat. 

Hirsch's ruling came during the case of Omar Rodriquez, indicted in 2015 on charge of first-degree murder. Rodriquez is claiming self-defense after shooting and killing a neighbor whose dog tried to go to the bathroom in Rodriguez's son's yard. 

With Hirsch's ruling, the judge will now follow the previous version of the "stand your ground" law enacted in 2005. 

RELATED: Former Judge warns of dire consequences of Stand Your Ground changes