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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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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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