Thursday, March 22

Trayvon Martin and the Criminal Justice System

What better to inspire my first blog post than the sad case of Trayvon Martin.  Anyone not familiar with the case can see a helpful timeline here:

This case has led to an explosion of media coverage and punditry focusing on race and Florida's concealed carry and self-defense laws.  Some have called for a change in Florida law.  According to the Huffington Post, for example:

Critics of the 2005 self-defense law said its broad wording led to a perception among Florida residents and law enforcement that the use of deadly force is justified in almost any circumstance in which a person perceives themselves to be in danger. The self-defense doctrine has also been invoked as a defense by hundreds of people involved in fights and shootings, complicating formerly straightforward criminal cases, legal experts said.
Sounds sinister, doesn't it?  Like a recipe for "High Noon" style shootouts on the public streets.  The problem for the critics - read, liberals - is that Florida's law is not particularly unique.  California law, for example, is remarkably similar.  A person in California "need not retreat" from an attacker, "may stand his ground to defend himself" and may even "pursue his assailant" until any danger has passed.  And yet, there have been no outbreaks of vigilante race justice in the Golden State due to the passage of this law.

The fact of the matter is that Trayvon's case should be sorted out by a jury.  Fortunately, both Florida and the Federal government appear to be empaneling grand juries to look into the incident. Given the relative ease for prosecutors wanting to secure an indictment, George Zimmerman will likely be facing charges.  Then a jury of his peers will have the opportunity to sort out whether Zimmerman reasonably believed himself to be in imminent danger of death or was merely a vigilante responsible for gunning down an innocent boy.

Any discussion of this case must necessarily touch on the subject of race.  The usual suspects are out attempting to stir racial tensions up further.  There have been allegations that audio tapes capture Zimmerman muttering racial slurs.  The question is: so what?  Even if Zimmerman was motivated by race - as opposed to a desire to be a tough guy neighborhood cop - what does that have to do with anything?  Trayvon's death is a tragedy whether the motive was racial or not.  There are no "lessons" to be learned here.  No "larger issues" that must be dealt with.  There will always be folks a little too willing to do violence.  And no amount of "dialogue" will change that.

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