A Miami judge ruled on Monday that new revisions to Florida’s “Stand Your Ground” law are unconstitutional. Florida Governor Rick Scott signed the amended “Stand Your Ground” law on June 9,  requiring prosecutors to prove a defendant wasn’t acting in self-defense at pretrial hearings.

Miami-Dade Circuit Court Judge Milton Hirsch held that the legislative changes altered the burden of proof in “Stand Your Ground” cases, raising the threshold “from mere preponderance of the evidence to clear and convincing evidence.” Per Florida’s Constitution, such changes could only be made by the Florida Supreme Court, not the state legislature, and were therefore unconstitutional, Hirsch said. In outlining the necessity for a separation of powers among the three branches of government, Hirsch even referenced a paper about the Ministry of Magic’s judicial overreach in “Harry Potter and the Order of the Phoenix.”

Hirsch’s ruling comes as the result of two “Stand Your Ground” cases in his court. Liletha Rutherford was charged with aggravated assault with a firearm and grand theft for pulling a gun on a couple during an argument. Omar Rodriguez was charged with first-degree murder for shooting and killing Jose Rey over an argument about Rey’s dog. Rodriguez claimed Rey charged at him with a knife. Police recovered a knife at the crime scene, but discovered Rodriguez’s DNA on the knife, not Rey’s.

Florida lawmakers reacted to the ruling on social media. State Senator Rob Bradley, who sponsored one of the amendments to the “Stand Your Ground” law, said in a tweet that the court’s ruling “attacks the Legislature’s role in defining and protecting our individual rights.”

Today’s Miami trial court ruling attacks the Legislature’s role in defining and protecting our individual rights. /1

— Rob Bradley (@Rob_Bradley) July 3, 2017

Following Hirsch’s ruling, Rutherford and Rodriguez will now each have to prove they acted in self-defense. Currently, the ruling only applies to those two cases. However, appeals are likely to make their way to appellate courts and the Florida Supreme Court.

The effectiveness of “Stand Your Ground” laws hasn’t exactly been clear. In March, Florida State Senator Dennis Baxley claimed that since Florida’s 2005 “Stand Your Ground” law, “we’ve seen violent crime continuously go down.”

PolitiFact pointed out some flaws in that statement. While violent crime in Florida has dropped a cumulative 34.9 percent from 2005 to 2015, that decrease is not “continuous” as Baxley contends. Data show occasional increases in Florida’s violent crime rate during that 10-year period, however not enough to really counteract that overall decline in violent crime.

That said, PolitiFact also highlighted the fact that national violent crime rates have also been decreasing since the 1990s. It has yet to be proven whether Florida’s decrease in violent crime has been due to its “Stand Your Ground” laws, considering several states with similar drops do not have “Stand Your Ground” laws.

Critics of “Stand Your Ground” say the laws disproportionately benefit defendants who kill black victims compared to those who kill white victims, and often allow defendants to avoid murder charges.

The Tampa Bay Times identified nearly 200 “Stand You Ground” cases. Of those cases, 70 percent of defendants who invoked a “Stand Your Ground” defense were acquitted. Seventy-three percent of defendants who killed a black person faced no penalty, while 59 percent of defendants who killed a white person faced no penalty.

One of the most high-profile “Stand Your Ground” cases involved George Zimmerman, the “neighborhood watchman” who shot and killed 17-year-old black Florida teenager Trayvon Martin in 2012. Zimmerman did not invoke the “Stand Your Ground” law in his trial, but the judge issued instructions to the jury along the same lines as the law’s language, saying Zimmerman “had the right to stand his ground and meet force with force, including deadly force if he reasonably believed that it was necessary to do so to prevent death or great bodily harm to himself or another.” Zimmerman was acquitted of all charges in Martin’s death.

“Stand Your Ground” may stay in place in Florida for now, but Hirsch’s ruling could limit the extent to which the law is allowed to reach. The question has the potential to make it to higher courts and get decided once and for all.

Marcus Dieterle

Marcus is an editorial intern at Law Street. He is a rising senior at Towson University where he is double majoring in mass communication (with a concentration in journalism and new media) and political science. When he isn’t in the newsroom, you can probably find him reading on the train, practicing his Portuguese, or eating too much pasta. Contact Marcus at Staff@LawStreetMedia.com.

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Republican Governor Rick Scott of Florida used an executive order on Monday to remove the first black elected prosecutor in the state, Orange County State Attorney Aramis Ayala, from 21 murder cases. The conflict between Ayala and Scott started last month after Ayala, a Democrat, announced that she wouldn’t be seeking the death penalty in a murder case. Scott reacted by taking the case, in which a man is accused of killing a pregnant woman and a police officer, away from Ayala.

Scott called the decision “unacceptable,” and said “that she is not interested in considering every available option in the fight for justice.” According to Ayala’s spokesperson Eryka Washington, she didn’t know about the reassignments until they were reported in the media. Washington said that Ayala believes Scott is abusing his authority and “has compromised the independence and integrity of the criminal justice system.”

The news created a lot of mixed feelings on social media, with a lot of people criticizing the governor for overreach.

does an elected prosecutor have right to decide against seeking death? – ongoing legal battle worth following in FL https://t.co/9pLaX7yYJQ

— Wesley Lowery (@WesleyLowery) April 3, 2017

Many also pointed out concerns about the death penalty:

Thank you to Aramis Ayala. The death penalty is an ineffective deterrent, racially discriminatory and morally wrong. https://t.co/LiFtodFqat

— Keith Boykin (@keithboykin) April 4, 2017

Also on Monday, State Representative Bob Cortes urged Scott to go even further and remove Ayala from office. He argued that she is trying to change the law–he said that “she is elected there to follow it,” and not change it. He claimed that Ayala is neglecting her responsibility to those who elected her by not considering the death penalty. According to the Florida state constitution, a governor can remove any elected official who isn’t fulfilling her duty.

But it’s hard to determine whether or not she is fulfilling her duty, given that prosecutorial discretion allows Ayala to decide how to best pursue her cases. And it’s worth noting that opinions on the death penalty differ in the United States. Research has repeatedly shown that it’s not effective in deterring people from committing crimes. There is also the risk of executing an innocent person, and examples of botched executions where the prisoner doesn’t die right away but has to endure a slow, torturous death. The drugs that are used are increasingly expensive and hard to access, as many medical companies don’t want to contribute to executing people. And the trials where prosecutors seek the death penalty involve an additional phase for sentencing, which makes the whole ordeal more expensive than a regular trial.

Back in March, when Ayala made it clear that she wouldn’t be seeking the death penalty for the rest of her term, she also mentioned the downside of instilling hope in victims’ families about an execution that might take months or years before being carried out–if ever. “I have determined that doing so is not in the best interests of this community or in the best interests of justice,” she said.

Emma Von Zeipel

Emma Von Zeipel is a staff writer at Law Street Media. She is originally from one of the islands of Stockholm, Sweden. After working for Democratic Voice of Burma in Thailand, she ended up in New York City. She has a BA in journalism from Stockholm University and is passionate about human rights, good books, horses, and European chocolate. Contact Emma at EVonZeipel@LawStreetMedia.com.

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On Thursday afternoon, certain states began to feel the impact of the storm that has already claimed 108 lives in Haiti. President Obama declared a state of emergency in Florida as Hurricane Matthew started approaching the coast. This measure allows the Federal Emergency Management Agency (FEMA) to start working on coordinating disaster relief and releases federal funding for that purpose.

BREAKING: President Barack Obama declares state of emergency in Florida as potentially catastrophic Hurricane Matthew approaches.

— The Associated Press (@AP) October 6, 2016

As some people planned on keeping their businesses open or even having a “hurricane party,” Florida Governor Rick Scott ordered 1.5 million residents to seek safety. With the chilling words “You need to leave. Evacuate, evacuate, evacuate […] this storm will kill you,” he made sure people know this is no laughing matter.

Florida Gov. Rick Scott: “Do not surf. Do not go on the beach. This will kill you.” https://t.co/5kRoLafLlr pic.twitter.com/sc1fj1WGdL

— Yahoo News (@YahooNews) October 6, 2016

One man told NPR he was going to wait out the hurricane in his RV less than a mile from the beach. “The hype is going to be worse than the actual storm. I feel I can do quite well,” he said.

But that doesn’t sound like a very good idea. According to the National Hurricane Center the storm is increasing in strength as it moves toward the U.S. It is now a Category 4 storm. By Thursday morning, 3,000 people were already in shelters in Florida. Disney World will close by 5PM on Thursday and stay closed on Friday.

Wind speeds reached 140 mph as Hurricane #Matthew battered the Bahamas https://t.co/UMxnwOqZ1O pic.twitter.com/Qiu3Asx7xH

— CNN International (@cnni) October 6, 2016

At the same time in Georgia, Governor Nathan Deal ordered the first evacuation in 17 years, which will affect 500,000 people. The Georgia coast has not been hit with a major hurricane since 1898, which is why extra safety measures may be a good idea. The lanes of some interstates are being reversed so that traffic can only move west. South Carolina has also ordered around 1.1 million people to leave. As natural disasters can create panic and confusion, a fight about evacuation routes in South Carolina resulted in gunfire between police and a driver on Wednesday night, leaving the driver injured.

Haiti was dramatically hit by the hurricane, leaving 108 dead and 300,000 people in shelters across the country. This is the worst crisis for the country since it experienced a massive earthquake six years ago.

100+ have lost their lives. 15k ppl evacuated. Help us rebuild Haiti after #HurricaneMatthew. Donate now: https://t.co/VqEulpDwPM pic.twitter.com/Kc6ckNK0mq

— UN Development (@UNDP) October 6, 2016

No one knows how hard the hurricane is going to hit the U.S. coast or if it will even move in over land at all. But it could potentially get really bad. Researcher Brian McNoldy told the AP:

In some ways, the worst-case scenario would be if the storm’s eye stays just offshore, enabling it to feed over water and avoid weakening while its strongest hurricane winds keep smacking the beaches.

Hopefully people will listen to the evacuation orders and stay out of the way of the worst of the storm.

Emma Von Zeipel

Emma Von Zeipel is a staff writer at Law Street Media. She is originally from one of the islands of Stockholm, Sweden. After working for Democratic Voice of Burma in Thailand, she ended up in New York City. She has a BA in journalism from Stockholm University and is passionate about human rights, good books, horses, and European chocolate. Contact Emma at EVonZeipel@LawStreetMedia.com.

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