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+--- Thread: Stand Your Ground (/thread-7939.html)
RE: Stand Your Ground - Maggot - 01-11-2014
I think the law goes a little to far it needs amending.
RE: Stand Your Ground - HairOfTheDog - 06-22-2014
Florida Extends Stand Your Ground Law -- Now Covers Warning Shots
Florida Governor Rick Scott signed into law Friday an extension of the state's controversial "Stand Your Ground" law, which would cover warning shots.
According to Newsy, the bill was written with the case of Marissa Alexander in mind. Alexander, 33, was found guilty of aggravated assault and sentenced to a mandatory 20 years in prison after firing what her defense claimed was a warning shot at the husband during a domestic dispute. An appellate court later overturned her conviction and ordered a retrial.
In a statement, Alexander's lawyers said they "are grateful for the governor's actions," according to ABC News.
But, prosecutors say the law won't help Alexander because it won't be applied retroactively, and there's evidence that suggests the shot she fired was not a warning. (HOTD: I think this change in the law will help Alexander -- hard to disprove that her intent in firing wasn't as a warning, and if the retrial judge allows it, the defense can use the fact that a new law was introduced to cover warning shots in their opening or closing statements -- that could really sway a jury, IMO.)
"The new law, as it stands now, allows you to claim immunity from prosecution if you used or threatened deadly force," Attorney Anthony Rickman told WTVT. "The problem was that under Florida's Stand Your Ground laws, as it was originally, it only allowed you to use that defense if you used actual deadly force."
But gun owners interviewed by the station expressed concern that the law will allow people to pull out their guns and start shooting whenever they feel threatened. "Bullets have to go somewhere," Jason Collazo told WTVT. "It's going to endanger people whether they're firing into the air, into the ground, at a tree, they don't know if that surface is going to ricochet, so it's just not well thought out."
Source: http://www.huffingtonpost.com/2014/06/22/stand-your-ground-warning-shots-marissa-alexander_n_5519168.html?utm_hp_ref=crime
RE: Stand Your Ground - HairOfTheDog - 11-25-2014
Marissa Alexander Case Resolved
Finally some rationality and reasonable compromise in this case.
![[Image: ma.jpg]](http://d1o2xrel38nv1n.cloudfront.net/files/2013/07/ma.jpg)
Marissa Alexander was charged with three counts of aggravated assault with a deadly weapon for a 2010 shooting. She originally received a mandatory 20-year-sentence for a crime involving a firearm, despite no one having been injured and her claim that it was a warning shot to deter her abusive ex-husband (his son backed her story). Her conviction was tossed because of improper verdict instructions given to the jury and she was facing up to 60 years if convicted at retrial.
Under the deal just announced, Alexander pleaded guilty in exchange for a 3 year sentence, receiving credit for the 1,030 days she has already served. Alexander's chief attorney, Bruce Zimet, said his client agreed to the deal after it was offered.
Alexander was willing to accept 65 more days in jail as part of the plea deal. Alexander will be released Jan. 27. The state waived the minimum mandatory 20-year prison sentence under the deal. Alexander also will have to wear an electronic device to track her movements for two years, though she will be able to lead a fairly normal life, including taking her kids to school and shopping.
The plea deal came soon after the judge in the case decided to allow evidence that Alexander's ex-husband had abused women in the past. That was a major advantage for the defense and would have been a big obstacle for the prosecution in the retrial, IMO.
Jackie Barnard, the spokeswoman for State Attorney Angela Corey, said no one ruling prompted a decision in this case. "This case was handled like any other case in this office," said Barnard. (HOTD: Sure, okay.)
Ref: http://www.cbsnews.com/news/florida-warning-shot-case-ends-in-plea-deal/