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The information on this site does not constitute legal advice and is for educational purposes only. If you have a dispute or legal problem, please consult an attorney licensed to practice law in your state. Additionally, the information and views presented on this blog are solely the responsibility of Justin Bathon personally, or the other contributors, personally, and do not represent the views of the University of Kentucky or the institutional employer of any of the contributing editors.

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Wednesday
Sep192007

Jena Case, Taser Case

I have been asked by many students lately about both the Jena case out of Louisiana and the Taser case out of Florida, so I decided to post a few videos about both of these incidents, which both related to education law. So much for the slow education law days of August.

First, on the Jena case:

Here is a video about the case generally by NBC:

Here is a more recent clip about the latest developments:

Second, a little video on the tasering incident at a John Kerry speech at the University of Florida:

First I suggest you watch either or both of these videos from news sites on the incident:

CNN News

ABC News

Then, if you desire, here is a full and uncut video of the incident (note: this video is graphic with some bad language and violence):


Reader Comments (2)

I am doubting that a true justice will happen with this case, mainly because, little has been said of the victim, who was the white student. How badly was he hurt? Just because the DA and the judge show bias, does that mean the black students who injured the white student should walk away with no charges? What would guys like Al Sharpton do in such a case if 6 white students severely beat up a black student, and were similarly charged? Would good ol' Al stand up say that there is an injustice for the charges that they are being held with? I think not!

If Al and Jesse Jackson (along with the other analysts commenting on this case) wanted to really curb a lot of hatred on this case, they should have come out up front to say that attempted murder was a bit harsh, first of all. But immediately also state, that in no way should these students walk away without being punished under law, just as they would have immediately stated if it were a black student victim being hoarded and beaten by 6 white students.

This should be the line drawn by anyone who is really seeking fairness, and is not wanting to flaunt their own hate crimes. And yes, I am saying that Al Sharpton and Jesse Jackson as well, are showing their own contempt against white people by their stances! To seek amnesty for violence embraces the ideology of Malcolm X, not Martin Luther King!

But I also want to state that I do hate the ideologies of the Ku Klux Klan. Their views, with the nooses on the trees embrace their own stances, which is what sparked all of this to begin with!

But hatred of these symbols gives no one the right to cause bodily harm to another person! That is hate thrashing at hate, which appears more like Malcolm X vs. the KKK, and there is no better of the two!

If the Louisiana governor, or Congress gets involved, they should take the view, and state it immediately, that the students should get fair treatment, which is neither attempted murder charges, or amnesty!

Their trials should reflect justice for the accused, and especially, for the victim! This is why our laws hold trials, and try to do so fairly! Everyone is forgetting about the victim here on the charges! No one is mentioning anything about the real victim of the crime! Maybe some unbiased brain will figure that one out!
October 16, 2007 | Unregistered CommenterBryce Snyder
I believe that the taser case is a bit of an overrated case, that was caused mostly by the ignorance of the law by the student.

Granted, I don't believe that the speaker should have had the right to have the student detained by security.


However, just like the majority of older adults would have done, would be to complain (and possibly seek damages) after going away quietly with security to avoid being detained as someone who is resisting arrest! Hasn't this student watched enough COPS shows yet, or has seen the Rodney King trial!

Law enforcement has a pretty wide latitude in obtaining arrest against a combative, and if they claim it, a violently combative person to take into custody.

Naturally, this would be a hindsight lesson for the university students, but there would have been a more definitive solution for the speaker whom gave the orders for the police action to begin with.

If the student's question to a speaker triggers an arrest response from the speaker, then all, of the majority of the students should have just voluntarily got up, and left the speaker's seminar immediately at that point! The speaker would have then had little, or no audience to listen to him, and his speech would be then null and void! This would also force the speaker to either rescind the original arrest, or try to arrest all of those who tried to leave.

If more students were placed under arrest, and none of the students resisted arrest, then the media would have to side with the students in being removed with excessive force. Particularly with no violence from the students, the speaker would be under fire, rather than the security, and the rightful party would be placed under scrutiny.

But alas, we are dealing with university students, who are still trying to muster up life experiences to support their own ideologies, and have few clues on how to go about it! Of course, the arrested student needs to learn when to shut his big mouth, and to who his anger should be against! He shouldn't have tried to resist arrest, but he will learn that in the future, hopefully!

The arresting security people were just doing their job, and they do have a right to protect themselves, and others from violent behavior. The student was a sizable person, and could have hurt someone when he tried to fight off his arrest. His case would have been much better served if he would have (or could have) kept his mouth shut, and filed his own charges later.

I doubt if a whole lot will happen to the speaker now, although the university for PR damages will take the removal of students rights away from future speakers. I just hope that the students get something positive from this too, in making peaceful, rather than violent protests to issues that they feel are wrong.
October 16, 2007 | Unregistered CommenterBryce Snyder

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