The Constitution of the United States does not speak to the matter of retreating before an attacker, or standing and fighting. Where is it unconstitutional? Oh, state constitution? Citation needed, because I can't find it there either.
Seriously, the word "unconstitutional" more and more is used to mean "I don't like it".
Don't ya know, the Constitution only applies to the home! You're supposed to stay home if you want free speech and or the ability to exercise any of your other Rights! Go out in public and you're subject to State Control. Give are the days whereas only laws specifically prescribed govt function, now, in the new world order, "ALL" control is given to the govt unless specifically restricted!
Rand called it the ultimate inversion! is ridiculous that a Law enacted is deemed unconstitutional by the Judicial which coincidentally is claimed to be the ones to make the rules... How do you rule in your own favor and not be unconstitutional as well?
It appears some scumsucker that committed a crime tried to use this law to blunt their culpability. Then the other scumsucker (the one wearing a black robe) used it as an excuse to eviscerate a duly enacted law he disagreed with, using a judicial power grab.
In most states the legislature has the power to enact rules and regulations of the Courts. I don't see how this is unconstitutional. The judge just does not like this rule. What do you think a defendant's chance is in his court on a Stand Your Ground hearing?
The law? The law is whatever they tell you the law is. Your rights are interpretive. Just an idea not an absolute right
One man in nys deprived millions of citizens of their right to self defense and the courts did nothing to stop him. The constitution is dead, just an old guideline.
At least now the lawyers in that State know this judge plans to use his personal beliefs regarding Castle Doctrine to alter the outcome of jury trials. They can demand to have a different judge preside; and of course they can easily win on appeal for any cases he presided on previously.