loridas updated Stand Your Ground self-defense law is unconstitutional, a Miami judge ruled on Monday.
Miami-Dade Circuit Judge Milton Hirsch ruled that lawmakers overstepped their authority in creating the law this year that forces prosecutors to disprove a defendants self-defense claim at a pre-trial hearing.
The judge ruled that under Floridas constitution, that change should have been crafted by the Florida Supreme Court, not the Legislature.
As a matter of constitutional separation of powers, that procedure cannot be legislatively modified, Hirsch wrote in a 14-page order.
The ruling is a victory for prosecutors who have firmly opposed the law they believe makes it easier for defendants to get away with murder and other violent crime.
The law, an update to the already controversial Stand Your Ground statute passed over a decade ago, was pushed by the politically powerful National Rifle Association. Gov. Rick Scott signed the new law into effect in last month.
First passed in 2005, Floridas controversial self-defense law has been criticized for fostering a shoot-first mentality and giving killers a pass at justice. The law eliminated a citizens duty to retreat before using deadly force to counter an apparent threat.
More problematic for prosecutors, the law made it easier for judges before ever getting to a jury to dismiss criminal charges if they deem someone acted in self-defense.
