Monday, March 26, 2012

Justice for Trayvon Martin

I would never suggest a rush to judgment or presume conviction before the evidence has been put forward. The justice system should be allowed to work as prescribed, and that is precisely what the parents of Trayvon Martin are asking. And yet the process cannot work its way through if it is short circuited at the inception. Context is important as well. In a state judicial system that found Casey Anthony not responsible for the death of her toddler daughter, it is fair to at least consider that a different standard of respect for human life may apply in Florida. The so-called “Stand Your Ground” law has been implicated, but it seems odd under the circumstances.

If we look at facts available to date, and circumstantial evidence is relevant, Zimmerman was acting as a self-appointed vigilante. Neighborhood Watch members state that genuine participants are not supposed to carry weapons or to approach people deemed "suspicious" and instead are instructed to simply call police and let them handle situations that arise. Zimmerman made a 911 call in which he stated [recorded] that the teenager looked suspicious because he was “black.” There was no description of any illegal or even questionable activity on the part of the teenager, other that in Zimmerman's mind a black person did not belong where he was. Based on information Zimmerman gave police, he was expressly advised that he had no need to approach Martin. A reasonable person would have waited for the police. We know from the phone call Martin had with his girlfriend at that moment that he was scared about being followed and was heading home. We know that Zimmerman, who is well over 200 pounds, approached Martin, and unarmed Martin was shot dead. Witnesses say he made no effort to help Martin or call for help. It strains credulity to twist these facts into a “self-defense” plea, but such pleas are commonplace as an initial step in the process. The potential of a charge for hate crime warrants careful consideration. It is suggested that because Zimmerman’s mother is Latina that he somehow is immune to bigotry, but his actions indicate otherwise. The important fact is not who his mother is, but what Zimmerman actually did.

What is most curious is that Zimmerman was not even charged with manslaughter [accidental killing], the very least that one would expect when evidence indicates he deliberately approached the victim while armed and then shot the victim. All of the media noise in which Zimmerman’s counsel is claiming that “some of his best friends are colored people” is really irrelevant to the central question of justice. They may be character evidence regarding intent in a trial for murder. However, such information is of no consequence, or should not be, in the decisions whether to charge Zimmerman for criminal assault resulting in death. There is no conceivable way in which the evidence could be interpreted to suggest that the encounter between Zimmerman was accidental, or initiated by anyone other than Zimmerman. There seems even clearer evidence that the system of justice in Florida is flawed, at least for one young black teenager, who is no more.