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Happy Panther

16-Year-Old Florida Honor Student Charged With Two Felonies For Doing A Science Experiment

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Happy Panther    3,968

The world is not black and white, and laws that treat it that way are destined to fail.

 

Correct. But at the same time you hopefully see the broader issue: Madhatter and I are arguing about the definition of an explosion. Even in zero tolerance laws there is judgment and that judgment seems increasingly biased towards punish first ask questions later in schools and in society.

 

Much of this is post 9-11 culture and philosophy.

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MadHatter    9,501

Correct. But at the same time you hopefully see the broader issue: Madhatter and I are arguing about the definition of an explosion. Even in zero tolerance laws there is judgment and that judgment seems increasingly biased towards punish first ask questions later in schools and in society.

 

Much of this is post 9-11 culture and philosophy.

The school is administering the punishment for the law as it is written....which is all that they can do.

 

This will come up before the school board.  At that time, I do believe the punsihment will be changed and probably more clarification will happen in the law itself....which is also a good idea.

 

But, the school did what they were supposed to do....and quite frankly all that they could do.

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Inimicus    2,542

Here is a writeup of why this is neither a weapon or destructive device under FL law if you have the time to read it.

 

http://www.dailykos.com/story/2013/05/02/1206333/-Kiera-Wilmot-Science-Nerd-the-Florida-Laws-That-Could-Send-Her-to-Prison-for-15-Years

 

Dunno about all of that...

 

I was actually with him until the last section.  I could nit pick here and there but all in all he was doing ok until he tried to weasel out of the destructive device and willful intent.

 

He tries to assert that because it was not used in a way that caused injury or destruction of property it was not a destructive device.  An M80 is a destructive device regardless of whether or not it injures or destroys property.  Likewise a firearm is a destructive device as is a pipe bomb.  Whether or not they were used safety doesn't change that. Had her experiment be placed in a mailbox it would have been destructive.  Had it been placed in a locker it would have been destructive.

 

Then he tries to argue against willful intent.  This "bright student" didn't just wonder what would happen when you mixed the two reactants.  If that were the case she would have conducted her experiment in a bucket or a bowl. She wondered what would happen when you mixed them in a container too small to hold the resulting gas.  She knew (likely from youtube) that the bottle would rupture violently.   I'm sure she didn't mean for anyone to get hurt but to paint this and anything less than willful is just flat out silly.

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Happy Panther    3,968

 

 

But, the school did what they were supposed to do....and quite frankly all that they could do.

 

Disagree.

 

 

 

 

It is the objective and policy of the School Board of Polk County to recognize, preserve and protect the 
individual rights of all students; and, at the same time, to encourage and enforce the exercise of these rights 
within the framework of an orderly and efficient school program. Within this framework, it is the duty of the 
School Board, the administrative staff, and the faculty of each school to prevent and to prohibit student conduct 
that becomes dangerous, disruptive or destructive, and therefore endangers the proper maintenance and function 
of the school program. Staff members are expected to model core value behaviors that set an example for 
students. It is expected that all disciplinary measures will be conducted in a manner that is respectful to the 
student and preserves that student's dignity wherever possible. It is the expectation that each student will behave 
in a manner that does not threaten, interfere with, or deprive other students of their right to an education and 
will accept responsibility for their behavior. An effective school environment must be safe and free from 
disruption. Progressive discipline utilizing corrective strategies that consider the student’s age, exceptionality, 
previous conduct, probability of a recurring violation, intent, attitude, and severity of the offense shall be 
utilized in all instances.

 

 

http://schools.polk-fl.net/clevelandcourt/documents/1213COC.pdf

 

Polk county school still has leeway "in all instances." There is ALWAYS wiggle room and judgment.

 

If the principal decided this was not a huge issue there are always ways. You work in the corporate world. You see "rules being bent all the time for people.

 

 

 

 

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MadHatter    9,501

 

Disagree.

 

 

 

 

 

http://schools.polk-fl.net/clevelandcourt/documents/1213COC.pdf

 

Polk county school still has leeway "in all instances." There is ALWAYS wiggle room and judgment.

 

If the principal decided this was not a huge issue there are always ways. You work in the corporate world. You see "rules being bent all the time for people.

 

 

 

 

 

The school itself does not have the leeway.  The school board does....and I fully expect they will change the punishment when all is said and done.

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cookinwithgas    7,385

If this thing had blown the cap off and into one of your kids eyes I'd bet you would change your tune on how all innocent this was.

 

And yes the school is bound by rules that are not negotiable, but appealable.

 

She knew what would happen when she did this and she did it anyways. That's willful intent to use something classified as an explosive device on a school campus.

 

If a juvie bound kid had done the same exact thing, we would have never heard of this.

 

 

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Chimera    3,446

I took 6 explosive devices to school every day the last two years I was in school.

Good ol' internal combustion engines.

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MadHatter    9,501

If only the other students had bombs of their own, right madhatter?

You been drinking again?

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MadHatter    9,501

Read more: http://www.businessinsider.com/police-drop-charges-against-kiera-wilmot-2013-5#ixzz2TUEUg0V0

 

Should have never been charged in the first place.

 

Definitely should not have been charged by the police.

 

Punishment should (and will end up being) some level of suspension from school....not complete expulsion.

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PanthersBigD    1,195

Used to make these all the time. They're loud, and the explosion shreds/stretches the bottle, so you don't want to be holding it, but it doesn't create any projectiles that I've ever seen.

 

It was stupid for her to do, and she should be suspended for a couple of days to reinforce that, but expelling her is beyond idiotic.

 

 

  • Pie 1

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