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”.
It's 97 more people than journalists need to use that word.
“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.
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.
Howard Law School has a pretty good reputations; FAMU Law, not so good.
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.
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
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.
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.
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...
Since when is 100 people a crowd?
When you plan a seed it grows. That is true even for weeds.
Dream on commie!
Western civilization is doomed.
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.
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.
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.
“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.....
No, we're supposed to believe that's "social justice". The "due process" was the aggrieved attacker deciding someone's head needed pounding.
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 Martins 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!
(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.)
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 didnt 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.
Whites 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.
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.
LOL, some double-affirmative action Marxist explains the US Constitution...whatever.
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).
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.