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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
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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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