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Law professor explains why Stand Your Ground Law might violate individual rights(FL)
tcpalm.com ^ | 26 May, 2012 | brantwilson5#293829

Posted on 05/27/2012 4:16:51 AM PDT by marktwain

FORT PIERCE — Before a crowd of approximately 100 people, Patricia Broussard, an FAMU constitutional law professor, explained that because of the immunity clause of the Stand Your Ground Law that was passed in 2005, the controversial law might violate a person’s right to due process.

Since that time, alleged perpetrators have invoked this defense 200 times. In Florida, one in every 17 Floridians has a valid concealed weapons permit, and public records show that police and prosecutors continue to apply the self-defense law unevenly.

On May 20, Mt. Olive Missionary Baptist Church was the setting for an educational forum on the Stand Your Ground Law sponsored by the Eta Eta Omega Chapter of Alpha Kappa Alpha Sorority, Incorporated.

Valerie Bant-Wilson, the sorority’s public policy committee chairman, as well as the sorority’s State of Florida public policy coordinator, felt that because many citizens do not understand the Stand Your Ground Law, such a forum would be beneficial.

The very capable panel -- with representation from the Florida legislature, the State Attorney's Office, law enforcement community, and the judicial system -- was successful in sharing vital information with the audience.

According to Brant-Wilson, many citizens are more confused because of the conviction of Marissa Alexander and the judicial state of Trayvon Martin’s killing.

Broussard served as moderator of the esteemed panel (Chief Deputy State Attorney Thomas Bakedehl, Fort Pierce City Police Chief Sean Baldwin, St. Lucie County Chief Deputy Garry Wilson, attorney Lorenzo Williams, retired Judge Ralph Flowers, and State Rep. Steve Perman), which posed questions that ranged from how the law might pre-empt the law enforcement community and State Attorney's Office from doing their jobs to the reasons the state legislature felt the necessity to replace the Castle Doctrine, which allows a citizen to defend himself or herself.

The panel and audience were able to view several YouTube clips that gave varying examples of individuals using the Stand Your Ground Law to prove their innocence in road rage, auto theft, and domestic violence cases, as well as a neighbor killing two people who were robbing his neighbor’s house.

In light of the many questions germane to the Martin case, Mazella Smith, chapter co-chairman of the forum, articulated that the purpose of the educational forum was to educate and not litigate the particulars in Martin’s case.

It was quite evident that the cases used to illicit audience participation were quite confusing. The general theme conveyed by questioners was that if you killed someone, the law would protect you.

The two-hour forum provided critical thinking from both the panel and the audience.

At the end of the meeting, the audience, as well as the panel, relayed beliefs that the Stand Your Ground Law should be repealed. Perman encouraged the citizens, as he shared the recommendations of Governor Scott’s Task Force, which did not include repealing the law, to contact their representatives if they want to see the Stand Your Ground Law repealed.

This story is contributed by a member of the Treasure Coast community and is neither endorsed nor affiliated with TCPalm.com


TOPICS: Constitution/Conservatism; Culture/Society; News/Current Events; US: Florida
KEYWORDS: banglist; fl; georgezimmerman; martin; trayvonmartin; zimmerman
It appears that the panel was not able to give a simple explanation of the law. I suspect that the purpose was not to educate, but to convince the public that the law should be repealed, because it removed power from prosecutors and law enforcement.
1 posted on 05/27/2012 4:17:01 AM PDT by marktwain
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To: marktwain

Since when is 100 people a crowd?


2 posted on 05/27/2012 4:23:02 AM PDT by Venturer
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To: marktwain

The only flaw in the law professor’s statement...there’s no explanation over your loss of due process after you were shot and killed by the attacker in the first place. From six feet under, there isn’t much due process.


3 posted on 05/27/2012 4:23:06 AM PDT by pepsionice
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To: marktwain

Broussard is an associate professor at Florida A& M College of Law who joined the faculty after teaching at Howard University of Law for seven years. 

4 posted on 05/27/2012 4:23:47 AM PDT by kcvl
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To: marktwain

Your individual right to protect yourself will be given to law enforcement who will show up after the fact to do the necessary paperwork.


5 posted on 05/27/2012 4:25:20 AM PDT by ronnie raygun (B B)
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To: marktwain
What this over-educated clown fails to address is the criminal does not give a crap about society or the inalienable right to protect ones self.

So like it or not the criminal's only right is to "assume room temperature" while in the commission of a crime.

It saves the taxpayer money and removes a POS from the gene pool.

6 posted on 05/27/2012 4:26:11 AM PDT by SERE_DOC ( “The beauty of the Second Amendment is that it will not be needed until they try to take it.” TJ.)
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To: marktwain

Automatic immunity violates due process? WTF?


7 posted on 05/27/2012 4:27:45 AM PDT by ctdonath2 (Cloud storage? Dropbox rocks! Sign up at http://db.tt/nQqWGd3 for 2GB free (and I get more too).)
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To: pepsionice

Living Up To Rosa Parks’s Legacy

By PATRICIA BROUSSARD
Wednesday, Nov. 02, 2005

If America is to maintain the international prestige it has gained on the back of Rosa Parks, it must monitor itself and it must seek the higher ground whenever and wherever possible.

In all honesty, it’s not looking good. One ugly recent development is the State of Georgia’s Voter ID Law - which will predictably harm poor voters, who tend disproportionately to be black. Could the voter qualification question of ‘How many bubbles are in a bar of soap’ be far behind?

http://writ.news.findlaw.com/commentary/20051102_broussard.html#bio


8 posted on 05/27/2012 4:32:09 AM PDT by kcvl
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To: kcvl
I am *shocked* this .edu drone is black! That she would want to limit the defense of law abiding citizens against drugged-up, predatory black yoofs. Of which her beloved saint Treyvon was most likely one
Quite often it is older blacks who pull a gun on a predator yoof and teach him a lesson or send him to the happy hunting ground
9 posted on 05/27/2012 4:32:27 AM PDT by dennisw
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To: kcvl

How did I know?


10 posted on 05/27/2012 4:32:36 AM PDT by Lazamataz (The so-called 'mainstream' media has gone from "biased" straight to "utterly surreal".)
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To: marktwain

inFAMoUsly obtuse... her students are getting cheated with a bunch of feelgood talk that illuminates zilch.


11 posted on 05/27/2012 4:33:18 AM PDT by HiTech RedNeck (Let me ABOs run loose Lou ... ???)
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To: ctdonath2

To this “lady” apparently “due” doesn’t mean something prescribed by law. SYG provides an affirmative defense to a tort claim in constrained circumstances that must be proven if civil suit is brought. Feelgoodist professors don’t like such bright lines in law.


12 posted on 05/27/2012 4:37:32 AM PDT by HiTech RedNeck (Let me ABOs run loose Lou ... ???)
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To: marktwain

If someone breaks into my house, there they’ll die just the same as if they try to car jack me, they will be dead. I don’t think if someone breaks into your house, it should be your duty to find an escape out the back door or window. The law should be approved nation wide.


13 posted on 05/27/2012 4:38:45 AM PDT by JamesA (You don't have to be big to stand tall)
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To: dennisw

SYG does not even figure in any of the known arguments made in the Zimmerman case to date.


14 posted on 05/27/2012 4:39:15 AM PDT by HiTech RedNeck (Let me ABOs run loose Lou ... ???)
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To: HiTech RedNeck
She is a perfessor n edumacator at FAMU a taxpayer supported university.....meaning she lives off the private sector white (and Asian) man's taxes. Sad to say but all in all blacks don't pay much taxes unless it is sales tax and gaoline taxes. They have various schemes and work arounds. Or are public sector employees, come April 15th they are simply returning some taxpayer money they did some useless work for to get a gov’t paycheck

FAMU wiki>>>>>
Florida Agricultural and Mechanical University, commonly known as Florida A&M or FAMU, is the nation's largest historically black university by enrollment,[3] is located in Tallahassee, the Florida state capital, and is one of eleven member institutions of the State University System of Florida. FAMU is also one of Florida's land grant universities. The University is a member-school of the Thurgood Marshall College Fund.

15 posted on 05/27/2012 4:43:31 AM PDT by dennisw
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To: pepsionice
Before a crowd of approximately 100 people, Patricia Broussard, an FAMU constitutional law professor, explained that because of the immunity clause of the Stand Your Ground Law that was passed in 2005, the controversial law might violate a person’s right to due process.

The only flaw in the law professor’s statement...there’s no explanation over your loss of due process after you were shot and killed by the attacker in the first place. From six feet under, there isn’t much due process.

Yep -she's firmly on the "Let the perp commit the crime - even if you have to die in the process, so the perp can have his day in court" side of things.

16 posted on 05/27/2012 4:46:43 AM PDT by trebb ("If a man will not work, he should not eat" From 2 Thes 3)
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To: kcvl; marktwain
On May 20, Mt. Olive Missionary Baptist Church was the setting for an educational forum on the Stand Your Ground Law sponsored by the Eta Eta Omega Chapter of Alpha Kappa Alpha Sorority, Incorporated.

Eta Eta Omega

"About US: Eta Eta Omega Chapter of Alpha Kappa Alpha Sorority, Inc. is the first Greek letter organization formed in the black community of Ft. Pierce, Fl."

The usual suspects also hate this law because the 'victim's' family can no longer sue for damages in civil court.

17 posted on 05/27/2012 4:48:52 AM PDT by Jed Eckert
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To: JamesA
don’t think if someone breaks into your house, it should be your duty to find an escape out the back door or window.

That is exactly the advice my wife's first husband, a retired state trooper, gave me. Didn't buy it.

18 posted on 05/27/2012 4:54:45 AM PDT by thethirddegree
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To: HiTech RedNeck
SYG does not even figure in any of the known arguments made in the Zimmerman case to date.

Glad you mentioned that little fact.

19 posted on 05/27/2012 5:02:00 AM PDT by Graybeard58 (Obama versus Romney? Cyanide versus arsenic.)
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To: marktwain

Right. Some pinhead professor wants to repeal the law.The correct anwer is to carry concealed...if beset...use the Getz Solution...shoot and walk away. Don’t wait around to be a victim of the “in-justice system”.


20 posted on 05/27/2012 5:11:33 AM PDT by Rapscallion (Obama's favorite tactic is scapegoating successful Americans.)
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To: marktwain
They got due process, due to their criminal activity the Coroner processed the remains. It's that simple.
21 posted on 05/27/2012 5:11:57 AM PDT by amigatec (The only change you will see in the next four years will be what's in your pocket.)
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To: Venturer
Since when is 100 people a crowd?

It's 97 more people than journalists need to use that word.

22 posted on 05/27/2012 5:12:22 AM PDT by Pollster1 (“A boy becomes a man when a man is needed.” - John Steinbeck)
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To: amigatec

“They got due process, due to their criminal activity the Coroner processed the remains. It’s that simple.”

Wash, rinse, repeat.

Here in South Carolina if the criminal activity takes place during hours of darkness, then any wrongful death lawsuit by family members is DOA.


23 posted on 05/27/2012 5:24:44 AM PDT by elcid1970 (Nuke Mecca now. Death to Islam means freedom for all mankind.")
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To: marktwain
"Before a crowd of approximately 100 people, Patricia Broussard, an FAMU constitutional law professor"

FAMU law = joke. Restarted in '02 with a focus on 'sivvil rites lahw', only got full ABA accreditation in '09, huge 1L attrition, >50% percentile LSATs, >60% avg. 1st bar pass.

Broussard wins the annual 'spirit' award named after the deposed Dean.

"The school drew media attention because a state-conducted audit found that staff on the payroll were not performing any work for the school. A payroll audit in 2005 led to the firing of the dean, Percy Luney Jr., although he was never directly linked to the deal, and the conclusion of Shirley Cunningham, Jr.'s faculty position. The interim university President, Castel Bryant, subsequently reported that Cunningham had not undertaken any work at the institution, despite his salary.

24 posted on 05/27/2012 5:26:21 AM PDT by StAnDeliver (=)
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To: kcvl
Broussard is an associate professor at Florida A& M College of Law who joined the faculty after teaching at Howard University of Law for seven years.

Howard Law School has a pretty good reputations; FAMU Law, not so good.

25 posted on 05/27/2012 5:28:11 AM PDT by SeaHawkFan
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To: marktwain
Law professor explains why Stand Your Ground Law might violate individual rights

UNMITIGATED BULLSHIT!!

26 posted on 05/27/2012 5:32:29 AM PDT by GoldenPup (Comrade "O" has got to GO!!)
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To: dennisw
The article notes that, since 2005, there have been around 200 cases of Stand Your Ground self-defense killings. In the same period of time, Florida has had only 12 executions.

What the law professors are worried about is that Stand Your Ground creates a far more effective deterrent than the death penalty does, the sentence is carried out on the spot, and there is no appeal nor legal arguments.

27 posted on 05/27/2012 5:34:11 AM PDT by PapaBear3625 (If I can't be persuasive, I at least hope to be fun.)
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To: PapaBear3625
That's the truth! You figured out the real reason....and good Memorial Day to you PapaB

SYG is the substitute death penalty for feral miscreants who are out to kill you. And since the lib lawyers have stalled executions (into perpetuity) then SYG is what we have left. No wonder lib lawyers and black race agitators want to get rid of SYG

28 posted on 05/27/2012 5:41:00 AM PDT by dennisw
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To: ctdonath2
Automatic immunity violates due process? WTF?

She's talking about the "due process" right of the shot thugs and their families to sue the shooter and to demand the shooter be put in jail for excessive force and violating the constitutional rights of the thug. It provides fewer opportunities for lawyers to litigate endlessly.

29 posted on 05/27/2012 5:48:30 AM PDT by PapaBear3625 (If I can't be persuasive, I at least hope to be fun.)
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To: marktwain
Fort Pierce

And this Ft. Pierce SYG case - decided just 10 days ago -- didn't come up as a topic.

An illegal alien successfully used SYG despite covering up the crime scene and lying to the police!

"A jury found Thursday afternoon that a Fort Pierce man was justified in stabbing and killing a man under Florida's "Stand Your Ground" law...Gilberto Galvez not guilty of first-degree murder in the death of Carlos Pereza in the early morning hours of March 19, 2011...

Isenhower argued to jurors that Galvez' attempts to hide evidence — putting Pereza in his car and pushing it across the street, cleaning blood off the driveway, hiding the knife and bloody clothes on top of the house and lying to police about knowing the victim — showed "consciousness of guilt."...

Despite the not-guilty verdict, Galvez is not a free man; he is being held at the St. Lucie County Jail to be turned over to U.S. Immigration and Customs Enforcement officials for being an illegal immigrant."

You can't read that and not come away with the knowledge that George Zimmerman is going to be a wealthy man when all is said and done. Lawsuit, book deal, you name it.

30 posted on 05/27/2012 5:48:59 AM PDT by StAnDeliver
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To: dennisw

And a happy Memorial Day to you as well. I’m enjoying a period of relaxation before taking my daughter out on her driving lesson...


31 posted on 05/27/2012 5:52:13 AM PDT by PapaBear3625 (If I can't be persuasive, I at least hope to be fun.)
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To: Venturer

Since when is 100 people a crowd?

When you plan a seed it grows. That is true even for weeds.


32 posted on 05/27/2012 6:37:06 AM PDT by chainsaw (Sarah Palin is still my first choice to save the USA. . .)
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To: marktwain
So pounding someones head into a pulp is now due process?

Dream on commie!

33 posted on 05/27/2012 6:51:26 AM PDT by rawcatslyentist ("Behold, I am against you, O arrogant one," Jeremiah 50:31)
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To: marktwain
It was quite evident that the cases used to illicit audience participation were quite confusing.

illicit?

Western civilization is doomed.

34 posted on 05/27/2012 6:53:02 AM PDT by Zeppo ("Happy Pony is on - and I'm NOT missing Happy Pony")
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To: kcvl
It just goes to figure. Another one of Holder's (ignorant) people.

If I remember correctly Howard University lost it's accreditation many years ago. This POS was teaching crap at a crap institution and is presently still doing both. Florida A&M, another joke.

35 posted on 05/27/2012 6:54:47 AM PDT by OldMissileer (Atlas, Titan, Minuteman, PK. Winners of the Cold War)
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To: kcvl
You have to be pretty incompetent to be fired by Howard!
36 posted on 05/27/2012 6:55:34 AM PDT by MindBender26 (America can survive 4 years of Romney. She cannot survive another 4 years of an unfettered Obama!)
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To: marktwain
Before a crowd of approximately 100 people, Patricia Broussard, an FAMU constitutional law professor, explained that because of the immunity clause of the Stand Your Ground Law that was passed in 2005, the controversial law might violate a person’s right to due process.

Poor Pat. Due process has to do with the actions the government takes with respect to someone charged with a crime. It doesn't have anything at all to do with person A defending his right to life against person B who is attacking him. Forbidding person A by law to protect his life seems to be a clear case of violating his right to life.
37 posted on 05/27/2012 7:01:46 AM PDT by aruanan
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To: HiTech RedNeck
SYG does not even figure in any of the known arguments made in the Zimmerman case to date.

Therein is the Big lie propagated by the Negroes, Leftist Press, and the Democrats. They are not trying to get any "justice" for that room temp thug but they are trying to use his death to tear apart the ability of citizens to protect themselves and place them back at the mercy of Prosecuting Attorneys.

They want push us faster to Totalitarian Hell by keeping us from defending ourselves from criminals, Government and individual alike.

38 posted on 05/27/2012 7:10:27 AM PDT by OldMissileer
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To: marktwain
an FAMU constitutional law professor

That's all you need to know.
Obviously, FAMU is known for the exceptional lawyers that it produces.
39 posted on 05/27/2012 7:14:22 AM PDT by jrg
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To: kcvl
Broussard is an associate professor at Florida A& M College of Law who joined the faculty after teaching at Howard University of Law for seven years.

Them that can't, teach.
40 posted on 05/27/2012 7:17:01 AM PDT by jrg
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To: aruanan

There have been various court rulings that say an individual citizen has no right to be protected by the police, that his safety is primarily his own responsibility. The Stand Your Ground Law is only recognizing this.


41 posted on 05/27/2012 7:19:03 AM PDT by aruanan
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To: thethirddegree

“That is exactly the advice my wife’s first husband, a retired state trooper, gave me. Didn’t buy it.”

Neither do I. It’s one of the reasons Col. Colt’s and a couple of Mr. Ka-bars always lie close at hand.

The one intruder I’ve had in my 60 odd years got to ride in the local emergency vehicle, sirens blaring. The Sherrif deputies responding to my call thought it was pretty funny........After all, an old guy like me shouldn’t be giving lesson on CQB.....


42 posted on 05/27/2012 7:33:02 AM PDT by Forty-Niner (The barely bare, berry bear formerly known as..........Ursus Arctos Horribilis.)
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To: rawcatslyentist
So pounding someones head into a pulp is now due process?

No, we're supposed to believe that's "social justice". The "due process" was the aggrieved attacker deciding someone's head needed pounding.

43 posted on 05/27/2012 7:42:07 AM PDT by tacticalogic ("Oh, bother!" said Pooh, as he chambered his last round.)
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To: dennisw; All

FAMU, it’s Staff, Faculty and alumni are all parties in the death of Robert Champion! http://www.ajc.com/news/champions-mates-paint-horrid-1444810.html
For years the that organization has looked the other way when the band did their Hazing. Another thing that is now showing in the light of day, is non-students being in the band. One must ask why is a non-student allowed in the band?
Where was this hotbrand, Patricia Broussard, an FAMU constitutional law professor and her astute fellow harpie Valerie Bant-Wilson when FAMU was killing Robert Champion?

“Mazella Smith, chapter co-chairman of the forum, articulated that the purpose of the educational forum was to educate and not litigate the particulars in Martin’s case.
Mazella, what are the chances you and your cronies might hold a forum on the illegalities of crime and the chances for harsh job related injuries or death?

It is duly noted that all participants in that forum are registered Democrats!


44 posted on 05/27/2012 7:50:52 AM PDT by GOYAKLA (Recall/ Impeachment Day, November 6, 2012. FUBO, same for RINOs)
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To: marktwain
“how the law might pre-empt the law enforcement community”
SCOTUS and other courts have ruled that LE is NOT responsible for the protection of individual citizens, even if said citizen has a court issued restraining order against a perpetrator. See Castle Rock v. Gonzales, No. 04-278.

(L.E. ‘Community’ should be replaced with ‘industry’ as in the “military industrial complex” because it surely is an industry, leading us rapidly into a police state.)

45 posted on 05/27/2012 9:08:00 AM PDT by Tahoe3002
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To: GOYAKLA

No formal procedure existed at Florida A&M University to verify enrollment status of Marching 100 members before they were allowed to travel, said former band director Julian White, who announced his retirement Thursday.

“We didn’t have a process,” White said in an interview Thursday. “There were not stringent rules in place to verify that our students were in fact enrolled at school.”

White’s comments came a day after university officials revealed 101 band members on the roster last fall were not enrolled in the required FAMU band course. Three of them were among the 11 charged last week with felony hazing in the beating death of drum major Robert Champion on a band bus in Orlando following the Florida Classic football game.


46 posted on 05/27/2012 9:20:20 AM PDT by kcvl
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To: PapaBear3625

Don’t take away the “due process” allow civil suits, but limit the damage award to $1 for deaths in commission of a felony and add a loser pays provision in any case.

This way you will get a functioning justice system that eliminates any bonus for criminality.


47 posted on 05/27/2012 5:23:12 PM PDT by 1010RD (First, Do No Harm)
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To: marktwain

LOL, some double-affirmative action Marxist explains the US Constitution...whatever.


48 posted on 05/27/2012 5:30:10 PM PDT by Trailerpark Badass
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To: OldMissileer
If I remember correctly Howard University lost it's accreditation many years ago.

It was the Howard School of Medicine's Emergency Medicine program that lost accreditation (with the other medical programs in trouble).

Howard's Law School should lose accreditation, however, because Howard's graduates have a terrible bar exam pass rate (only 59% pass in NY, which is where most seem to take the bar exam).

49 posted on 05/27/2012 6:08:48 PM PDT by PapaBear3625 (If I can't be persuasive, I at least hope to be fun.)
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To: kcvl

Madame Broussard is unaware that it was government that took away Rosa Park’s God-given rights. She needs to get educated.

Also, has she identified the group of disenfranchised voters who?:

1. have so little to do with the state that they hold no identification

2. care so much about the state that they must vote.


50 posted on 05/27/2012 6:33:38 PM PDT by 1010RD (First, Do No Harm)
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