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View Diary: Stand Your Ground (210 comments)

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  •  No, it does not fall under their discretion. (7+ / 0-)

    It is the bar they must meet in court lest the case be dismissed, or become liable to civil damages.

    The law does not in any way affect the police or prosecutor discretion; they had that all along. If the bar of "probable cause" can not be met, the prosecutor has no business prosecuting anyway.

    Since investigations without arrest are permitted under the law even pending determination of probable cause, the gun itself is material evidence to such and may be taken into evidence. No infringement of anyone's rights there, as long as it's returned (like any other piece of material evidence) in a timely fashion should said bar be determined to not be met.

    Non enim propter gloriam, diuicias aut honores pugnamus set propter libertatem solummodo quam Nemo bonus nisi simul cum vita amittit. -Declaration of Arbroath

    by Robobagpiper on Fri Mar 23, 2012 at 08:23:28 AM PDT

    [ Parent ]

    •  I'm (1+ / 0-)
      Recommended by:
      splintersawry

      not sure of what difference there is in what you say

      but the agency may not arrest the person for using force unless it determines that there is probable cause that the force that was used was unlawful.
      So it falls into the police to decide. Before any gun incident was investigated. Now they are not. That is what police and prosecutors in FL are saying.
      Why? Because this law gives way too much protection to the shooter. They are even protected from any liability in civil court!!!!
      •  Because the agency's determination is not the (6+ / 0-)

        final word; and it's a low bar to meet. The police and prosecutor always had the discretion to ignore a case. This is about the standard they have to meet to pursue one.

        The bolded text is a limitation on the police and prosecutorial power, nothing more. It speaks to the belief that someone who legitimately used self-defense should not be harangued by police and prosecutors unless the latter have a probable cause case that the use was illegitimate.

        Non enim propter gloriam, diuicias aut honores pugnamus set propter libertatem solummodo quam Nemo bonus nisi simul cum vita amittit. -Declaration of Arbroath

        by Robobagpiper on Fri Mar 23, 2012 at 08:44:03 AM PDT

        [ Parent ]

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