Skip to comments.Law professor explains why Stand Your Ground Law might violate individual rights(FL)
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 persons 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 sororitys public policy committee chairman, as well as the sororitys 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 Martins 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 neighbors 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 Martins 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 Scotts 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
Since when is 100 people a crowd?
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.
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.
Your individual right to protect yourself will be given to law enforcement who will show up after the fact to do the necessary paperwork.
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.
Automatic immunity violates due process? WTF?
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?
How did I know?
inFAMoUsly obtuse... her students are getting cheated with a bunch of feelgood talk that illuminates zilch.
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.
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.
SYG does not even figure in any of the known arguments made in the Zimmerman case to date.
Florida Agricultural and Mechanical University, commonly known as Florida A&M or FAMU, is the nation's largest historically black university by enrollment, 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.
The only flaw in the law professors statement...theres 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 isnt 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.
"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.
That is exactly the advice my wife's first husband, a retired state trooper, gave me. Didn't buy it.
Glad you mentioned that little fact.
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”.
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