Photo Source: http://www.reaganramm.com/2013/05/time-wasted-in-school-part-1-outside-of.html
A school bus scuffle that took place in Broward County, Florida has once again challenged the ever controversial “Stand Your Ground Law“. The law itself, which is frequently implemented in criminal defense cases in Broward County and across the nation, was designed to grant immunity to violent offenders who can prove that at the time of an altercation they feared for the safety of their own lives. 22 states currently support some version of this law; however, the details can become quite sketchy since the law itself varies from state to state. The alternative to the “Stand Your Ground” is a law known as “Duty to Retreat” which implements the opposite principal, proving that there exists an ever growing gap in the justice system that seems to have divided the country in half. The laws of the land appear to get even more complicated when applied to school children.
A Briefing on the Incident
An eyewitness report provided by the middle school bus driver described the incident by stating that during a routine drive home, two students were involved in a violent fistfight that began when a male student attempted to climb off board and was forcibly attacked by a female student. The bus driver went on to elaborate on the male student’s right to defend himself by pointing out the fact that the female rider threw a number of punches prior to the boy’s retaliation. The male middle school student was charged with battery and ordered to stand trial.
The Results of His “Stand Your Ground Defense”
Although the statute of the law clearly states that it applies to persons in an occupied vehicle, the Broward County Courts originally ruled out the young boy’s criminal defense due to his location at the time of the encounter. The ruling was then overturned by The Fourth District Court of Appeal after their reexamination of the case. This led to a great deal of controversy as to whether these laws of the land should apply to minors, particularly young minors such as middle school students. The boy was later found guilty of the battery charge, in spite of the efforts.
The Law That Has No Laws
Those who oppose the Florida “Stand Your Ground” defense cite the fact that the law is lacking in structure and leaves room for bias rulings. Statistically, it does not uphold much of a track record in regards to equality. This criminal defense proved helpful in the George Zimmerman acquittal, however it did not hold up as well in court when applied to a teenaged boy. As it stands, the state of Florida is making this law appear to work against minors, regardless to the circumstances.
Since “Stand Your Ground” was passed in 2005, some might argue that its utilization in the justice system could simply use some tweaking. It is worth noting that each state that has passed the law has applied a different variation of the statutes, making the grounds for criminal defense extremely complicated.
“Duty to Retreat” on the other hand, almost ignores self defense entirely. It appears that our nation is structurally divided on the opposite poles of two extreme views. It is unfortunate that two teenagers had to resort to violence in order to prove that in the battle over “Stand Your Ground”, we as a nation need to agree on a “Middle Ground” and stick to it before more people get hurt.
About The Author
Michael D. Leader is a criminal lawyer with Fort Lauderdale law firm Leader & Leader P.A. Specializing in all forms of criminal law, Michael Leader and partner George Leader offer years of legal experience and a commitment to ethics.
