Marissa Alexander has been denied a second shot at a self-defense immunity hearing (often incorrectly referred to as a “Stand-Your-Ground’ hearing), reports by First Coast News.
Under Florida’s self-defense immunity statute (FL 776.032 Immunity from criminal prosecution and civil action for justifiable use of force) a person claiming self-defense can seek immunity from criminal prosecution and civil suit. To do so they generally request a hearing in court in which they present their evidence in support of self-defense.
If the hearing judge determines that there is a preponderance of the evidence in support of self-defense, immunity is granted. Given that a preponderance of the evidence is a vastly greater level of proof than the reasonable doubt required to sustain a claim of self-defense at trial, this approach only makes common sense.
To read my whole post on this news, click on over to Legal Insurrection: