“Making Us Less Safe”: Stand Your Ground Laws A Shaky Basis For Justice
The Trayvon Martin murder case will boil down to one claim known by mothers everywhere.
“He started it!”
Every parent with more than one child has heard that cry. When their little one points his or her finger accusingly at a sibling, claiming to have been provoked into the tussle or name-calling, a wise parent responds with, “Well, why did you react?”
George Zimmerman will be asked if he instigated the altercation that led to him shooting to death the unarmed Trayvon, for which Zimmerman now faces the charge of second-degree murder.
The basis of Zimmerman’s defense is that, fearing for his life, he believed he was justified to shoot and kill.
The jury, being chosen now, will decide.
Zimmerman waived his right for a hearing to exculpate himself under Florida’s Stand Your Ground law, although his lawyer has suggested that he may attempt to invoke the law if he is found guilty in his impending trial.
These laws need to be better understood for their implications for a civil society. Since Florida became the first state to pass the so-called Stand Your Ground law in 2005, about 30 other states have followed suit with some form of these laws.
Most states have the Castle Doctrine, which allows people to use deadly force, without the expectation to retreat, when threatened in their own home.
What the Stand Your Ground laws do is broaden the right to kill without retreating, even when it is possible, to other places, such as a workplace or a car.
Prior to the spread of these new laws, people were expected to back down, to retreat, if possible. Shoot First, Stand Your Ground, Make My Day laws can make it legal to refuse to walk away.
More research is needed into the effects of these laws. However, the evidence available now should trouble anyone who thinks laws should make society safer, rather than promoting violence.
One point is made repeatedly by David Hemenway, director of the Harvard Injury Control Research Center: “Firearms are used far more often to frighten and intimidate than they are used in self-defense.”
People are confused about what constitutes self-defense. What many people term self-defense is really just the last act in an argument gone out of control, a situation that escalates until one or both parties reach for a gun.
In one study, verbatim accounts of people who claimed self-defense were sent to criminal court judges for review. The majority of time, the judges felt the shootings, as described by the shooter, were not legal uses of self defense. Most often, the cases were simply arguments that ended violently when one person used a gun. Many were avoidable.
The Harvard Center has ripped apart other studies that overestimate the number of instances in which people have justifiably used a gun in self-defense. Given a chance to paint themselves a victim/hero, shooters often do, no matter what the facts of their cases were. So when researches try to estimate what proportion of shootings are cases of self-defense, it’s problematic to say the least to base their figures on the shooters’ self-reported motives.
Hemenway has also noted that in interviews, about half of convicted felons who used a gun in their crimes claim they did so in self-defense.
Many of these instances probably aren’t all that different from the type of the knuckleheaded justifications for murder that we regularly hear on the evening news: the endless stories of one teenager claiming someone “disrespected” them with a sneer, an ugly comment. So they just had to shoot the person dead.
People readily recognize the ludicrous nature of the claim that violence was necessary, that someone “had it coming to them.” Yet Stand Your Ground laws by definition turn this lack of self-control and inability to manage disagreement into a legal right to use lethal force. It’s sanctioned murder.
Depending on how one of these laws is crafted, it can even take away the ability of police to file charges, and prosecutors can face higher burdens of proof.
The question that needs to be answered is if the proliferation of Stand Your Ground laws are influencing public behavior to the point of making us less safe.
If he were alive to answer, it would be good to get Trayvon Martin’s opinion.
By: Mary Sanchez, The National Memo, June 17, 2013
“A Tool Of Prophetic Vengeance”: George Zimmerman, Portrait Of A Contemptible Human Being
George Zimmerman is a contemptible human being.
In court, Zimmerman apologized to Trayvon Martin’s parents because their child ran into the bullet that he fired. Doubling down, Zimmerman, appearing on Fox News last night, had the unmitigated gall to offer up the following statement:
“My wife and I don’t have any children… I love my children even though they aren’t born yet, and I am sorry that they buried their child. I can’t imagine what it must feel like, and I pray for them daily.”
Zimmerman is possessed of a type of self-righteous narcissism and faux-empathy for those people whose lives he has ruined. In keeping with his belief that he was a tool of prophetic vengeance, Zimmerman also suggested that it was “god’s plan” that he killed Trayvon Martin.
I do not know who is worse: Is Zimmerman the true villain here, a killer, perhaps mentally unbalanced and a child molester, with a cop fetish priapism who played Dirty Harry because he couldn’t let one of “the blacks” get away again?
Or are those Right-wing reactionary conservatives like Sean Hannity who worship, coddle, and protect Zimmerman doing so because they wish that they were him, a trigger man, one who got to engage in the most dangerous game, hunting down and killing an innocent person of color for sport?
The role of George Zimmerman as an idol, victim, and martyr for the Right is both absurd and freakish.
Unfortunately, for many people who live in a society where political ideology and racial attitudes form a type of Gordian knot, they see justice for Trayvon Martin through a lens which views all people of color, and young blacks in particular, as perpetual suspects whose lives, citizenship, and safety are contingent and not absolute.
Criminality is a precondition of our existence for folks like George Zimmerman and his allies. This is especially true when black folks are confronted by White authority…and those who are overly identified with it.
In all, Zimmerman is likely surprised that he was arrested for the murder of Trayvon Martin. He intimately understands that black life is cheap in America. As such, what is the fuss over shooting dead a black teenager in the street? Zimmerman still does not have an answer to that question. Likewise, his supporters also do not have an answer to that question either.
This is the source of their love for Zimmerman, and sincere rage at his arrest and prosecution. If anything, the murder of Trayvon Martin by George Zimmerman should have just been a minor inconvenience for all involved–except of course the victim, his family, and community. He is just a black anyway, so what’s the big deal? They die everyday in America and no one cares either way.
Consequently, how dare anyone suggest that legal and personal accountability should interfere with George Zimmerman’s fantasy play and rent-a-cop, amusement park, joyride of death.
By: Chauncey DeVega, Open Salon Blog, July 19, 2012
“Blood Stained Hands”: America Safe For The Dick Cheneys But Not The Trayvon Martins
The heart just given to Dick Cheney…was Trayvon Martin’s. One is 71, the other 17.
What if that were literally true?
Let’s just say the metaphor tells a bitter truth: We are a nation safe for mean old white men in frail health. However, healthy black youths (most of all in the South) may be in peril with every breath and step they take out on the streets alone and unarmed. Just for living in black skin.
Apparently, wearing a hoodie further ratchets up the risk of being a black youth. The 17-year-old black slaying victim, Trayvon, was wearing one as he fell to the ground. “Hoodie protests” in New York, Philadelphia, Washington, and other cities in his memory have pointed to the loaded pack of prejudices associated with a simple sartorial style.
Oh, did I mention his fatal encounter was in a “gated community” (an oxymoron)? While they tend to be suspicious of dark teenage strangers, the message they send to all comers is “keep out,” not “come in.”
In the saddest story of 2012, a neighborhood watch “volunteer,” George Zimmerman, apparently concluded young Trayvon had no right nor reason to be walking the streets of Sanford, Fla., by himself with just a can of iced tea and some Skittles candy.
Zimmerman, an armed civilian, took the law into his own hands, reportedly starting a confrontation with Trayvon, even as he was told by a dispatcher to stop following the youth tagged as trouble. But it was Zimmerman who spelled trouble, in my reading of the facts. (No charges have been pressed against Zimmerman as of now.) Federal authorities are going to step in and investigate, thank goodness—a little late better than never.
In other words, if Zimmerman wasn’t looking for a fight, spoiling for one with his gun, this tragedy would not have come to pass. As it was, Trayvon knew he was facing serious danger and begged for his life—his very short life, I might add. All that he never got to see: “Gleams that untravelled world,” as the poet Lord Alfred Tennyson put it. It all ended with a bullet wound to the chest in February in Florida.
Florida bears blame for the outrage by having a vigilante justice system under a sitting Republican governor. The law they call “stand your ground” sanctions weapons of law enforcement to trigger-happy civilians like Zimmerman who have none of the training, scrutiny, code of conduct, or judgment of sworn police officers. Very nice, Florida, you’ve done it again. The year 2000 seems like yesterday.
I’ve seen law experts compare this case to the brutal murder of a 14-year-old Emmett Till in 1955, down South in the Mississippi Delta. Emmett, a black youth from Chicago, was a city boy visiting relatives that summer in a small town named Money. He didn’t know what he was up against in the strict code of conduct between whites and Negroes. Seen by some as a boy who stepped out of his place, he paid the ultimate price for it.
No question Till’s murder was a race-related hate crime in 1955, the year after Jim Crow laws were struck down by the Supreme Court. Yes, he was out of place, far from home when he lost his life for nothing.
But here’s the rub in 2012: Tall Trayvon was just a soon-to-be dead boy walking, on the way to becoming a young man. He got caught in racial crossfire on his own southern state’s home ground, not while visiting a strange land of hateful segregation. And yet he still got gunned down, in the eyes of multitudes, and for the color of his skin.
Meanwhile Cheney, doctors say, is doing “exceedingly well” in his white skin after a heart transplant. In his time, he’s been known to get aggressive in starting some scrapes, but they never left a mark on him. They are known as wars of choice in far-off lands. You can’t see the blood, but it’s on his hands.
By: Jamie Stiehm, U. S. News and World Report, March 27, 2012
“The Profile Of A Menacing Teen”: A Mother’s Grace And Grieving
“They called him Slimm.”
That is what Sybrina Fulton, the mother of the slain Florida teenager Trayvon Martin, told me people called her son because he was so thin.
I talked with her Saturday in a restaurant near her home, four weeks to the day after George Zimmerman, a neighborhood watch volunteer in a gated community in Sanford, Fla., shot Trayvon in the chest and killed him. Trayvon was unarmed, carrying nothing more than candy and a drink.
Ms. Fulton brought her own mother with her, Trayvon’s grandmother, and we talked for nearly an hour over iced tea and lukewarm coffee.
His mother lights up when she shows me pictures of Trayvon on her phone, even managing an occasional smile that lifts the shadow of grief and brightens her face. He was a gangly boy, all arms and legs but little weight, nearly six feet three inches tall but only 140 pounds and with the cherubic face of a boy years younger.
She grows distant when she talks about her loss, occasionally, seemingly involuntarily, wrapping her hands gently around her mother’s arm and resting her head on her mother’s shoulder like a young girl in need of comfort. The sorrow seems to come in waves.
She and her mother paint a portrait of an all-American boy, one anyone would be proud to call his or her own. He liked sports — playing and watching — and going to the mall with his friends. The meal his mother made that he liked most was hamburgers and French fries. “And brownies,” his grandmother chimed in, “with lots of nuts.”
He was a smart boy who had taken advanced English and math classes, and he planned to go to college.
He was a hard worker who earned extra money by painting houses, and washing cars and working in the concession of the Pee Wee football league on the weekends. He also baby-sat for his younger cousins, two adorable little girls ages 3 and 7, whom the family called the bunnies, and when he watched the girls he baked them cookies.
The only fight his mother could ever recall his having was with his own brother when Trayvon was about 4 and the brother was 8. They were fighting for her attention, and it wasn’t even a real fight. “They were wrestling. It was so funny,” she said with a smile.
This hardly fits the profile of a menacing teen who would attack a grown man unprovoked, but that is exactly what Zimmerman contends.
Zimmerman’s statement, as related by police, says he was following the boy but “he had lost sight of Trayvon and was returning to his truck to meet the police officer when he says he was attacked by Trayvon.”
Trayvon’s personal account of who initiated the physical encounter is forever lost to the grave, but the initiation is likely to be the central question in the case.
To believe Zimmerman’s scenario, you have to believe that Trayvon, an unarmed boy, a boy so thin that people called him Slimm, a boy whose mother said that he had not had a fight since he was a preschooler, chose that night and that man to attack. You have to believe that Trayvon chose to attack a man who outweighed him by 100 pounds and who, according to the Sanford police, was wearing his gun in a holster. You have to believe that Trayvon chose to attack even though he was less than a hundred yards from the safety of the home where he was staying.
This is possible, but hardly sounds plausible.
The key is to determine who was standing his ground and defending himself: the boy with the candy or the man with the gun. Who was winning the fight is a secondary question.
That said, we’ll have to wait for details of the investigation to be revealed to know for sure. But while we wait, it is important to not let Trayvon the person be lost to Trayvon the symbol. He was a real boy with a real family that really loved him.
And now he is gone from his mother forever, only able to stare out at her as a shining face on a cellphone. She has no home videos of Trayvon. She doesn’t even have voicemail messages from him saved. The only way that she could now hear Trayvon’s voice would be to call his phone and listen to his answering message, but she dare not do it. “If I hear his voice, I think I’m going to scream.”
Every night she says she dreams of him. Every morning she says she thinks he’s going to walk through the door and say, “Mom, I’m here. You were dreaming. It’s not true. I’m not dead. I’m here,” and give her a hug and a kiss.
And the bunnies — they still don’t understand where he is. They’re still asking for Trayvon, the cousin who came over and baked them cookies.
By: Charles M. Blow, Op-Ed Columnist, The New York Times, March 25, 2012
“Encouraging Vigilante Justice”: The Political Battle Over ‘Stand Your Ground’ Laws
The shooting of teen Trayvon Martin in Florida last week has sparked a national debate over “stand your ground” laws.
But in many states, fights over the controversial legislation have been going on for years without garnering much attention from anyone other than prosecutors and gun-rights activists.
While George Zimmerman admits to shooting Martin, he says he acted in self defense and has not yet been arrested. Under a 2005 Florida law, a citizen who uses deadly force is immune from prosecution when “he or she reasonably believes that such force is necessary to prevent imminent death or great bodily harm to himself or herself or another.”
Backed by the National Rifle Association, first in Florida and then around the country, state legislators have pushed for expanding the right to use deadly force. Twenty-one states now have laws giving citizens wide latitude to use deadly force without first attempting to retreat.
Here are some states where “Stand Your Ground” was recently passed or is currently up for debate.
* A bill passed by the legislature in Minnesota was just vetoed by Gov. Mark Dayton (D).
* In Pennsylvania, former Gov. Ed Rendell (D) vetoed a “stand your ground” bill; it was signed last year by Gov. Tom Corbett (R).
* Democratic lawmakers staged a walk-out in Iowa recently to avoid a vote on the legislation. The legislation will probably be blocked on procedural grounds this year, but state Rep. Matt Windschitl (R) plans to reintroduce it next year.
“I anticipate that there are some people who are going to try use this unforunate incident as an excuse not to expand Iowans’ right to self -defense,” Windschitl said, but argued that this one case had to be balanced against the lives saved by laws like the one in Florida.
* In New Hampshire last fall, Republicans in the state legislature overrode a veto from Gov. John Lynch (D) in order to pass a “Stand Your Ground” bill.
“I think if we end up with more moderate Republicans and certainly more Democrats” after the 2012 elections, “it could be on the table again,” said state Rep. Christopher Serlin (D).
* In Alaska, legislation has passed the House and is currently being considered by the state Senate.
Not every “Stand Your Ground” law came from a purely Republican-controlled state government, however.
Oklahoma’s Democratic governor signed one in 2006, as part of the first wave of “Stand Your Ground” success. So did Homeland Security Chief Janet Napolitano, when she was the Democratic governor of Arizona. In Alabama, a bill identical to Florida’s was first introduced by a Democrat.
Overall, however, there is a partisan divide — particularly in the past two years as advocates have attempted to bring the legislation to less-conservative states — with Republicans supporting the bills and Democrats opposing them.
In states where the policy has yet to become law, supporters will likely find new resistance. In states where it has recently become law, its supporters could face a backlash.
Supporters of “Stand Your Ground” argue that it doesn’t apply in this case and does not protect killers who did not act in true self-defense. (Republican presidential candidates Newt Gingrich and Rick Santorum have also suggested the law does not apply.) Opponents say that the law encourages vigilante justice by creating ambiguity.
“We’ve never thought by itself that the law is the main issue,” said Dan Gross, president of the Brady Campaign to Prevent Gun Violence. “What we think is the main issue is the mentality that that law provides.”
By: Rachel Weiner, The Washington Post, March 23,2012
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