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‘Stand-your-ground’ laws causing confusion
 | Video: Crime & courts |
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Too confusing to explain?
In Kentucky, prosecutors offered a plea deal to a man they accused of murder because the statute was too confusing to explain to jurors.
Judge Sheila Isaac, who presided over the case, said the law apparently “went right through the Legislature without a single attorney looking at it.”
She said the law was addressing a problem that didn’t exist, a sentiment shared by law enforcement officials across the country.
“You just don’t see cases where people are prosecuted when they are defending themselves,” Isaac said.
'So careful'
Former Republican state Rep. Dennis Baxley, who sponsored Florida’s bill, argues that the law was needed to empower citizens.
“Our judicial system tries to be so careful to protect the criminal’s rights, we have neglected the right of the common citizen to protect themselves,” Baxley said.
In West Palm Beach, Borden faced up to life in prison without the possibility of parole if convicted of murder and attempted murder.
One of his would-be attackers, 21-year-old Juan Mendez, admitted in testimony at Borden’s trial that the three men in the Jeep planned to “rough him up.” A baseball bat was also found in the vehicle.
Prosecutor Craig Williams argued that Borden exceeded justified force when he continued firing after shooting the driver and stopping the Jeep. But Borden’s defense argued that he did not have to retreat, citing the new law.
Williams said he pursued the charges because he thought a jury needed to decide the case. But he privately wondered how he would have behaved in the same situation. When Borden was acquitted, the prosecutor was almost relieved.
The assailants “were bringing an arsenal,” Williams conceded after the trial. “It was pretty clear what the right thing to do was here.”
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