Yeah, it's what judges do, but this instruction is about when they should do it. They could leave it to the jury to evaluate the claim during the trial, but the Florida Supreme Court wants them to do it before and presumably dismiss the charges if it's a valid case of self-defense.I had to shake my head at the quote about...
"The Florida Supreme Court has since decided that judges need to evaluate a defendant's claim for protection under "Stand Your Ground" before trial"
Is our justice so inept these days that they had to tell the judges to evaluate the case... isnt that what JUDGES DO??
Well, you have the law and you have the facts of case. The evaluation in this case would be did the threat justify the use of lethal force. If yes, dismiss the charges. If no or it's in doubt, proceed with the trial.What's to evaluate? It's either the law or it isn't.