Wednesday, July 24, 2013
Florida Court Rules that Students May Stand Their Ground on the School Bus
The appellate court noted that Stand Your Ground law grants broad immunity to persons in any situation in which they are acting lawfully and in a place where they are entitled to be. The Fourth District Court stated, “Although the trial court’s misgivings of applying it to a fight on a school bus may be well taken, it is not the place of the trial court, or this court, to refuse to apply the plain meaning of the statute.” The Fourth District also rejected T.P.’s claims that any sort of battery is covered by the Stand Your Ground law. The Court said that while a person may meet “force with force,” an unwanted touching--which is technically a battery--would not justify force in return. The appellate remanded the case for the trial court to make additional fact findings about the incident.
Although George Zimmerman relied on a standard self-defense argument at his trial the death of 17-year-old Martin, the Stand Your Ground law apparently was on the minds of Zimmerman’s jurors, according to this story in the Miami Herald, and has been at the core of the national conversation about the case.