St. Thomas Law Review
First Page
109
Document Type
Article
Abstract
This article analyzes the constitutionality of various Florida statutes as they may be applied to curtail acts of violence on school grounds. Analyzed from a social contract theoretical perspective, the article first examines whether Florida's zero-tolerance policy regarding weapon possession in schools, which requires mandatory expulsion, comports with the Due Process Clause. Second, the article evaluates the relevant statutes pertaining to corporal punishment and the due process implications of this sanction. Third, the article explores the constitutional issues associated with the use of metal detectors on campus. Finally, the article briefly discusses whether the Double Jeopardy Clause precludes a subsequent criminal prosecution after a student has already been subjected to either the sanction of mandatory expulsion or corporal punishment. The author adopts a social contractual approach to balancing the administrative authority and duties of the state versus the constitutional rights of students. Strict application of principles of constitutional jurisprudence as well as state and federal precedent dictates that the three relevant statutes, despite some flaws, do not infringe upon the constitutional rights of students and further the legitimate interests of the state. Construing the applicable law from a social contract perspective neither increases nor diminishes the power of the state or the rights of the students. It merely offers a theoretical underpinning to conceptualize the analysis.
Recommended Citation
Loula D. Giannet,
A Social Contract between Students and the State: A Constitutional Analysis of Florida Statutes Related to Mandatory Expulsion for Weapon Possession, Corporal Punishment and the Use of Metal Detectors on Campus,
16
St. Thomas L. Rev.
109
(2003).
Available at:
https://scholarship.stu.edu/stlr/vol16/iss1/10