The George Zimmerman Case
Posted on May 10, 2012 11:30am PDT
The George Zimmerman Case: The Foreseeable Outcome to a Dangerous Equation
It is easy and convenient to blame George Zimmerman for the tragic death
of Trayvon Martin, an unarmed 17 year old who Mr. Zimmerman mistook for
a potential criminal. After all, George Zimmerman chose to arm himself
with a handgun when he decided to patrol his neighborhood looking for
would-be criminals. He spotted Trayvon Martin and assumed that Trayvon
was a potential criminal. He ended up shooting and killing Trayvon, who
was not armed and not doing anything wrong. But, while it feels intuitively
good to blame George Zimmerman, is that where the story ends? Or, should
we consider the reasons that may have led to George Zimmerman acting as
he did? In fact, it may be that George Zimmerman was acting within the
law. His conduct may have been permitted under the law. Furthermore, the
laws that allow Zimmerman to act as he did may have led to this foreseeable
tragedy. Whether we like it or not, the recipe for this disaster has been
in play for a while. It was only a matter of time before someone stepped
into the minefield where stereo-types, flawed human judgment and gun rights
intersect. George Zimmerman just happened to be that person. George Zimmerman
will come and go. However, the underlying issues will inevitably lead
to more tragedy, unless we use this as an opportunity to effectuate change.
Florida has enacted a pro-gun-rights law known as the “Stand Your
Ground” law. This law allows someone like George Zimmerman to stand-up
to a would be threat without having to retreat – even if that means
using deadly force. The law at its heart is the old self-defense law,
but does not require one to retreat away from a potential threat. Furthermore,
anyone who fits under this law is not to be arrested or prosecuted for
killing another person, as that person is immune from such. In fact, a
law enforcement entity that fails to abide by this law may be subject
to a lawsuit from the arrestee. If a person is arrested under this law,
the person doesn’t have to wait for a jury to hear a self-defense
claim. The person can petition the court for immunity and may have the
case thrown out even prior to a trial. Even if the Judge doesn’t
agree to throw out the case, the person can still present a traditional
self-defense claim at trial.
In plain language, the law allows a person to kill another person who is
reasonably perceived to be a threat. In the case of George Zimmerman,
if he reasonably perceived Trayvon Martin to be a threat, he may have
been authorized to use force. We don’t know all the facts to determine
whether it was reasonable to perceive Trayvon Martin as a threat. What
we do know is that two law enforcement agencies investigated the case,
the Sanford Police and the Seminole County State Attorney’s office.
Both agencies apparently concluded that George Zimmerman was immune from
prosecution under the Stand Your Ground law, and refused to arrest him.
It wasn’t until the public outcry over the tragedy caused the Governor’s
Office to appoint a special prosecutor that a charge was brought.
The Governor’s Office is walking a tight-rope here. They have to
satisfy the angry cries of the public that feel that there was unfair
racial profiling at play. At the same time, the Governor doesn’t
want to upset his supporters by using the Stand Your Ground law to exonerate
George Zimmerman and cause a backlash against the law. The best result:
blame George Zimmerman. Call him a racist who doesn’t fit under
the Stand Your Ground law. The unfortunate result of this approach is
that it will ignore the real underlying problems of race and gun rights
that really are at the heart of this case.