' - Stand your ground - On a school bus

HOW THEIR FAMILY IS MOVING FORWARD. THE ALL-NEW INTERVIEW TONIGHT ON "360." >>> NOW, THE TRAYVON MARTIN CASE ISN'T THE ONLY ONE RAISING ISSUES ABOUT STAND YOUR GROUND. AN APPEALS COURT IN TAMPA SAYS THE DEFENSE CAN EVEN BE USED ON A SCHOOL BUS. THE MIAMI HERALD IS REPORTING ABOUT A STUDENT WHO WAS FOUND GUILTY OF BATTERY. LET'S BREAK IT DOWN. THE BUS DRIVER TESTIFIED THAT THE GIRL GRABBED BOY'S JACKET, PULLED HIM ON THE SEAT AND PUNCHED HIM. THE GIRL, BY THE WAY, DISPUTED THE CLAIM. WE'RE NOT SURE IF SHE NATIONED ANY CHARGES. BUT THE BOY DID FIGHT BACK. THE CASE WENT TO COURT. THE ZWLUCH BLOCKED USAGE OF STAND YOUR GROUND. THE BOY APPEALED. AND NOW JOINING US, DANNY CEVALLOS AND ATTORNEY AND FORMER CRIMINAL PROSECUTOR FAITH JENKINS. THANK YOU BOTH FOR BEING HERE. LET'S TALK ABOUT THIS NOTION, SHOULD STAND YOUR GROUND APPLY IN A SCHOOL BUS FIGHT? NOT JUST THE NOTION THE FACT IT'S HAPPENING ON A SCHOOL BUS, A SCHOOL BUS FIGHT, THOSE THINGS HAPPEN LIKELY DAILY AROUND THE COUNTRY. FAITH, LET'S START WITH YOU? >> WELL, IN FLORIDA, THE STATUTE IS VERY BROAD. ANYONE CAN INVOKE STAND YOUR GROUND DEFENSE IF THEY'RE IN A PLACE WHERE LEGALLY ENTITLED TO BE. THE LOWER COURT FOUND THE STATUTE ONLY APPLIED IF YOU WERE IN YOUR HOME OR CAR. THE HIGHER COURT RECOGNIZED THAT AND THAT'S WHY THE DECISION WAS REVERSED. IT DOESN'T MATTER IF YOU'RE A SCHOOL BUS OR STREET CORNER. UNDER FLORIDA STATUTE, IF YOU'RE LEGALLY ENTITLED TO BE WHERE YOU ARE, YOU CAN INVOKE STAND YOUR GROUND. >> DANNY, YOU PROBABLY HAD ONE OF THOSE FIGHTS ON A SCHOOL BUS GROWING UP? >> OH, I WAS THE RECIPIENT OF MANY BEATINGS ON A SCHOOL BUSS UNFORTUNATELY. THE THING TO UNDERSTAND ABOUT STANDARD GROUND, THE STATUTE CREATES A PRESUMPTION IN CERTAIN AREAS. IN OTHER WORDS, IF YOU'RE IN YOUR HOME OR IN YOUR CAR, OH WHAT A DIFFERENCE GEORGE ZIMMERMAN BEEN IN HIS CAR WHEN THIS ALTERCATION STARTED THIS CASE MAY HAVE NEVER MADE IT TO TRIAL. SO IT CREATES A PRESUMPTION THAT THE USING OF FORCE IS PROPER. ANYWHERE ELSE, THE DEFENDANT HAS TO PROVE IT. SO FAITH IS ABSOLUTELY RIGHT. IT DOESN'T MATTER, YOU CAN BE IN A SCHOOL BUS. YOU CAN BE IN A PARK. UP CAN BE EATING GREEN EGGS AND HAM, WHEREVER YOU ARE, YOU MAY BE ABLE TO APPLY STAND YOUR GROUND AS A DEFENSE. THERE NO -- THERE IS NO GUARANTEE THAT IF YOU'RE IN YOUR HOME OR CAR IT APPLIES. BUT THERE SAY STATUTORY PRESUMPTION. ONCE GET OUTSIDE THAT LOCUST, AS LONG AS YOU'RE SOMEWHERE YOU'RE LAWFULLY ALLOWED TO BE IT IS BROAD IN FLORIDA. IF YOU CAN PROVE IT, PREPONDERANCE OF THE EVIDENCE YOU INVOKE STAND YOUR GROUND IMMUNITY. >> I'M CONCERNED, I WANT TO PUT THIS QUESTION TO BOTH OF YOU, THIS IS ABOUT -- YOU KNOW, WHAT KIND OF MESSAGE IS THIS SENDING TO OUR KIDS AND TEENS? >> WELL THE DIFFERENCE BETWEEN STAND YOUR GROUND AND REGULAR DEFENSE LAWS IS THERE'S NO DUTY TO RETREAT. YOU DON'T HAVE TO STAND DOWN. YOU DON'T HAVE TO COUNT TO TEN. THERE'S NO OBLIGATION TO TRY TO QUELL A DISPUTE. YOU CAN USE FORCE IN THE BEGINNING. AND IT TAKES AWAY THAT CHOICE, THAT LIMITATION, AND THAT MESSAGE THAT WE WANT TO SEND TO OUR KIDS. IF YOU DON'T WANT TO RESORT TO VIOLENCE DON'T. BUT THE STAND YOUR GROUND STATUTE SAYS JUST THE OPPOSITE. YOU HAVE THAT OPTION, YOU CAN TAKE IT AND YOU'RE NOT GOING TO BE HELD ACCOUNTABLE IF YOU ACTUALLY HAD THE OPPORTUNITY TO RETREAT AND YOU DIDN'T. >> DANNY FINAL THOUGHT? >> YEAH, WHEN APPLIED, THERE WON'T BE THAT MANY DIFFERENCES BETWEEN SELF-DEFENSE AND STAND YOUR GROUND. THE REAL CRITICISM IS STAND YOUR GROUND AS A POLICY. WHAT EFFECT, WHAT INCENTIVES IT CREATES. THAT'S THE REAL CRITICISM ON A