“Chief Justice Roberts, Meet Trayvon Martin”: The Work For Civil Rights And Equal Opportunity For All Is Far From Finished
Less than three weeks ago, the conservative majority of the U.S. Supreme Court invalidated a key enforcement provision of the Voting Rights Act of 1965, saying that the Act had worked so well that its provisions designed to confront ingrained institutional racism were no longer necessary.
Just this weekend, a Florida man was acquitted for shooting an unarmed African American teenager walking to his father’s house armed with only a bag of Skittles. The verdict was heartbreaking, not just because it left Trayvon Martin’s family without justice, but because it illustrated so clearly what so many Americans already know. Our criminal justice system, like our voting system, is stacked against people of color.
The George Zimmerman trial — at which the subject of race was barely mentioned, even though it was ever-present both inside and outside the courtroom — highlighted what five justices on the Supreme Court failed to recognize. While we have made undeniable progress on civil rights, racial bias in the form of race-neutral code words and systemic injustice continues to be the silent force determining access to the ballot box and vulnerability in our criminal justice system. These two injustices are, in fact, intimately linked. The over-incarceration of African Americans has led to the creation of an entire class of Americans who are cut off from the franchise of voting.
The Stand Your Ground laws, measures pushed by the NRA and the corporate-funded American Legislative Exchange Council (ALEC), which allow armed citizens to shoot first against a perceived threat even when they’ve been the aggressor, are a case in point. Laws like Florida’s Stand Your Ground measure help create a climate like the one that encouraged George Zimmerman to use lethal force against an unarmed teenager.
Stand Your Ground laws, which are all the rage on the right, don’t work for everyone. In fact, recent analysis shows that white perpetrators who shoot African American victims are 11 times more likely to get off on a Stand Your Ground defense than African American perpetrators who shoot white victims. Tragically, the same racial bias holds true for “justifiable homicides” across the board.
The Zimmerman defense and right-wing media portrayed the deceased Trayvon Martin as a violent, pot-smoking thug — the stereotype that looms large in a criminal justice system that is officially race-blind but still produces wildly different outcomes for white people and people of color. As the ACLU has found, African Americans are nearly four times more likely to be arrested for possessing marijuana than are white Americans, despite nearly identical rates of usage. What for white teenagers is often viewed as a bad habit or a passing phase is for African American teenagers viewed as the first step in a life of crime.
Yes, let’s respond to this verdict by mourning Trayvon and mourning an all-too-common disparity of justice. But then, let’s organize. We must elect leaders who will speak the simple truth about race and justice in America, and will work to fix the system. We must push for the end to laws like Stand Your Ground that endanger our communities, work to restore meaningful voting rights protections, and insist on the nomination of Supreme Court justices who fully understand how the law and the Constitution affect ordinary Americans. Five Supreme Court justices may think that systemic racism in America does not need to be addressed. We must work to elect leaders at all levels of government who know that that is wrong, that the work for civil rights and equal opportunity for all is far from finished.
By: Michael B. Keegan, The Huffington Post, July 15, 2013
“The Zimmerman Acquittal”: Is America’s God Racist And Carrying A Gun Stalking Young Black Men?
The not guilty verdict in the George Zimmerman case has me thinking a lot about a book I first encountered in seminary, Is God a White Racist?, by the Rev. Dr. Bill Jones. As a budding seminary student, it took me by surprise. Now, as a wiser, older professor looking at the needless death of Trayvon Martin, I have to say: I get it.
God ain’t good all of the time. In fact, sometimes, God is not for us. As a black woman in a nation that has taken too many pains to remind me that I am not a white man, and am not capable of taking care of my reproductive rights, or my voting rights, I know that this American god ain’t my god. As a matter of fact, I think he’s a white racist god with a problem. More importantly, he is carrying a gun and stalking young black men.
When George Zimmerman told Sean Hannity that it was God’s will that he shot and killed Trayvon Martin, he was diving right into what most good conservative Christians in America think right now. Whatever makes them protected, safe, and secure, is worth it at the expense of the black and brown people they fear.
Their god is the god that wants to erase race, make everyone act “properly” and respect, as the president said, “a nation of laws”; laws that they made to crush those they consider inferior.
When the laws were never made for people who were considered, constitutionally, to be three-fifths of a person, I have to ask: Is this just? Is it right? Is God the old white male racist looking down from white heaven, ready to bless me if I just believe the white men like Rick Perry who say the Zimmerman case has nothing to do with race?
You already know the answer: No.
The lamentation of the African-American community at yet another injustice, the surprise and disgust of others who understand, stand against this pseudo-god of capitalisms and incarceration that threaten to take over our nation.
While many continue to proclaim that the religious right is over, they’re wrong. The religious right is flourishing, and unlike the right of the 1970s, religious conservatism of the 21st century is in bed with the prison industrial complex, the Koch brothers, the NRA—all while proclaiming that they are “pro-life.” They are anything but. They are the ones who thought that what George Zimmerman did was right, and I am sure my inbox will be full of well-meaning evangelical sermons about how we should all just get along, and God doesn’t see race.
Please send them elsewhere.
As a historian of American and African-American religion, I know that the Trayvon Martin moment is just one moment in a history of racism in America that, in large part, has its underpinnings in Christianity and its history.
Those of us who teach American Religion have a responsibility to tell all of the story, not just the nice touchy-feely parts. When the good Christians of America are some of its biggest racists, one has to consider our moral responsibility to call out those who clearly are not for human flourishing, no matter what ethnicity a person is. Where are you on that scale? I know where I am.
By: Anthea Butler, Religion Dispatches, July 14, 2013
“Legal System Doesn’t Always Deliver Justice”: George Zimmerman Found Not Guilty, But Florida Sure Is
It feels wrong, this verdict of not guilty for George Zimmerman. It feels wrong to say that Zimmerman is guilty of no crime. If he hadn’t approached 17-year-old Trayvon Martin, if he hadn’t pulled his gun, Martin would be alive.
But that doesn’t mean Zimmerman was guilty of murder, not in the state of Florida. It doesn’t even mean he was guilty of manslaughter, though that was the middle ground I hoped the jury would find its way toward. (And in fact, the jurors asked for a clarification on the manslaughter charge during its 16½ hours of deliberation.) Here’s the problem: To convict Zimmerman of murder, the six women of the jury had to find that he killed Martin out of ill will, hatred, or spite, or with a depraved mind. The law didn’t account Zimmerman’s fear or feeling of being physically threatened.
But the physical evidence suggested that in the heat of the moment, Zimmerman could have felt both of those things. A forensics expert testified that from the angle of his wounds, it appeared that Martin was on top of Zimmerman when he was shot. The neighbor who came closest to being an eyewitness—there were none—said it looked to him like he saw a fight in which the person on top, straddling the person below, was wearing a red or a light-colored shirt. That, too, suggested Martin was on top. Zimmerman did have injuries: lacerations to the back of his head from the pavement and a swollen bloody nose.
It’s true that there was also evidence on the other side: None of Zimmerman’s DNA was found under Martin’s fingernails. None of Martin’s DNA was found on the gun. These facts contradict key aspects of the account Zimmerman gave police. Why believe him about the rest of his account? And even if you do give him the benefit of that doubt, why did Zimmerman feel so very threatened? Why did he pull his gun and shoot to kill?
I don’t know. I don’t think we ever will. Zimmerman didn’t testify; he was never cross-examined. “Zimmerman the man may remain as much an enigma as the events of the night in question,” Jelani Cobb wrote in the New Yorker earlier this week. And all of this focus on the moment of the shooting telescopes this story in a way that feels misleading. It leaves out Zimmerman’s history of calling the cops on black people and his decision that night to follow Martin. It leaves out his excruciatingly terrible, patently racist judgment.
But that doesn’t mean the jury’s verdict was racist. In Florida, a person “who is not engaged in an unlawful activity and who is attacked” has no duty to retreat. He or she has the right to “meet force with force, including deadly force if he or she reasonably believes it is necessary to do so to prevent death or great bodily harm to himself or herself.” The jury could have faulted Zimmerman for starting the altercation with Martin and still believed him not guilty of murder, or even of manslaughter, which in Florida is a killing that has no legal justification. If the jury believed that once the physical fight began, Zimmerman reasonably feared he would suffer a grave bodily injury, then he gets off for self-defense.
Maybe that is the wrong rule. Maybe people like George Zimmerman should be held responsible for provoking the fight that they then fear they’ll lose. And maybe cuts to the back of the head and a bloody nose aren’t enough to show reasonable fear of grave bodily harm. After all, as Adam Weinstein points out, the lesson right now for Floridians is this: “in any altercation, however minor, the easiest way to avoid criminal liability is to kill the counterparty.” But you can see the box the jurors might have felt they were in. Even if they didn’t like George Zimmerman—even if they believed only part of what he told the police—they didn’t have a charge under Florida law that was a clear fit for what he did that night.
This is what Slate’s Justin Peters meant when he reminded us earlier this week that the state has to prove its case beyond a reasonable doubt. “That hasn’t happened,” he wrote. “And if the prosecution can’t prove its case, then Zimmerman should walk.” This is our legal system. It doesn’t always deliver justice, and this case surely points to several ways in which Florida’s version of law and police work should change. It may demonstrate that Zimmerman should face federal civil rights charges.
But what matters most is that Zimmerman was charged with Martin’s killing, even if he wasn’t convicted. The state was late to indict him, yes, and acted only after a sorry spell of botched police work that may have affected the evidence presented at trial. But Florida did try to hold George Zimmerman liable for Trayvon Martin’s death. Martin’s family and all his supporters get most of the credit. His father, Tracy Martin, wrote on Twitter tonight, “God blessed Me & Sybrina with Tray and even in his death I know my baby proud of the FIGHT we along with all of you put up for him GOD BLESS.” Yes, they did fight, and their battle meant something—meant a great deal—to so many parents of black boys in hoodies, and to the rest of the country, too. Tracy Martin is right to stress that fight for justice at this sorrowful, painful moment. No ill-conceived law, and no verdict, can take that away.
By: Emily Bazelon, Slate, July 14, 2013
“Justice Denied”: In Just The Latest Sad Chapter In American Race Relations, George Zimmerman Acquitted
Neighborhood watch volunteer George Zimmerman was cleared of all charges Saturday in the shooting of Trayvon Martin, the unarmed black teenager whose killing unleashed furious debate across the U.S. over racial profiling, self-defense and equal justice.
Zimmerman, 29, blinked and barely smiled when the verdict was announced. He could have been convicted of second-degree murder or manslaughter. But the jury of six women, all but one of them white, reached a verdict of not guilty after deliberating well into the night. Their names have not been made public, and they declined to speak to the media.
Martin’s mother and father were not in the courtroom when the verdict was read; supporters of his family who had gathered outside yelled “No! No!” upon learning of the not guilty verdict.
The teen’s father, Tracy, reacted on Twitter: “Even though I am broken hearted my faith is unshattered I WILL ALWAYS LOVE MY BABY TRAY.”
His mother also said on Twitter that she appreciated the prayers from supporters.
“Lord during my darkest hour I lean on you. You are all that I have,” she wrote.
The jurors considered nearly three weeks of often wildly conflicting testimony over who was the aggressor on the rainy night the 17-year-old was shot while walking through the gated townhouse community where he was staying.
Defense attorneys said the case was classic self-defense, claiming Martin knocked Zimmerman down and was slamming the older man’s head against the concrete sidewalk when Zimmerman fired his gun.
“We’re ecstatic with the results,” defense attorney Mark O’Mara after the verdict. “George Zimmerman was never guilty of anything except protecting himself in self-defense.”
Another member of his defense team, Don West, said he was pleased the jury “kept this tragedy from becoming a travesty.”
Prosecutors called Zimmerman a liar and portrayed him was a “wannabe cop” vigilante who had grown frustrated by break-ins in his neighborhood committed primarily by young black men. Zimmerman assumed Martin was up to no good and took the law into his own hands, prosecutors said.
State Attorney Angela Corey said after the verdict that she believed second-degree murder was the appropriate charge because Zimmerman’s mindset “fit the bill of second-degree murder.”
“We charged what we believed we could prove,” Corey said.
As the verdict drew near, police and city leaders in the Orlando suburb of Sanford and other parts of Florida said they were taking precautions against the possibility of mass protests or unrest in the event of an acquittal.
“There is no party in this case who wants to see any violence,” Seminole County Sheriff Don Eslinger said immediately after jurors began deliberating. “We have an expectation upon this announcement that our community will continue to act peacefully.”
O’Mara, Zimmerman’s attorney, said his client is aware he has to be cautious and protective of his safety.
“There still is a fringe element that wants revenge,” O’Mara said. “They won’t listen to a verdict of not guilty.”
The verdict came a year and a half after civil rights protesters angrily demanded Zimmerman be prosecuted. That anger appeared to return Saturday night outside the courthouse, at least for some who had been following the case.
Rosie Barron, 50, and Andrew Perkins, 55, both black residents of Sanford, stood in the parking lot of the courthouse and wept.
“I at least thought he was going to get something, something,” Barron said.
Added her brother: “How the hell did they find him not guilty?”
Perkins was so upset he was shaking. “He killed somebody and got away with murder,” Perkins shouted, looking in the direction of the courthouse. “He ain’t getting no probation or nothing.”
Several Zimmerman supporters also were outside the courthouse, including a brother and sister quietly rejoicing that Zimmerman was acquitted. Both thought the jury made the right decision in finding Zimmerman not guilty — they felt that Zimmerman killed Martin in self-defense.
Cindy Lenzen, 50, of Casslebury, and her brother, 52-year-old Chris Bay, stood watching the protesters chant slogans such as, “the whole system’s guilty.”
Lenzen and Bay — who are white — called the entire case “a tragedy,” especially for Zimmerman.
“It’s a tragedy that he’s going to suffer for the rest of his life,” Bay said. “No one wins either way. This is going to be a recurring nightmare in his mind every night.”
Meanwhile, authorities in Martin’s hometown of Miami said the streets were quiet, with no indication of problems. The neighborhood where Martin’s father lives in Miami Gardens was equally quiet.
Zimmerman wasn’t arrested for 44 days after the Feb. 26, 2012, shooting as police in Sanford insisted that Florida’s Stand Your Ground law on self-defense prohibited them from bringing charges. Florida gives people wide latitude to use deadly force if they fear death or bodily harm.
Martin’s parents, along with civil rights leaders such as the Revs. Jesse Jackson and Al Sharpton, argued that Zimmerman — whose father is white and whose mother is Hispanic — had racially profiled their son. And they accused investigators of dragging their feet because Martin was a black teenager.
Before a special prosecutor assigned to the case ordered Zimmerman’s arrest, thousands of protesters gathered in Sanford, Miami, New York and elsewhere, many wearing hoodies like the one Martin had on the night he died. They also carried Skittles and a can of iced tea, items Martin had in his pocket. President Barack Obama weighed in, saying that if he had a son, “he’d look like Trayvon.”
Despite the racially charged nature of the case, race was barely mentioned at the trial. Even after the verdict, prosecutors said the case was not about race.
“This case has never been about race or the right to bear arms,” Corey said. “We believe this case all along was about boundaries, and George Zimmerman exceeded those boundaries.”
One of the few mentions of race came from witness Rachel Jeantel, the Miami teen who was talking to Martin by phone moments before he was shot. She testified that he described being followed by a “creepy-ass cracker” as he walked through the neighborhood.
Jeantel gave some of the trial’s most riveting testimony. She said she overheard Martin demand, “What are you following me for?” and then yell, “Get off! Get off!” before his cellphone went dead.
The jurors had to sort out clashing testimony from 56 witnesses in all, including police, neighbors, friends and family members.
For example, witnesses who got fleeting glimpses of the fight in the darkness gave differing accounts of who was on top. And Martin’s parents and Zimmerman’s parents both claimed that the person heard screaming for help in the background of a neighbor’s 911 call was their son. Numerous other relatives and friends weighed in, too, as the recording was played over and over in court. Zimmerman had cuts and scrapes on his face and the back of his head, but prosecutors suggested the injuries were not serious.
To secure a second-degree murder conviction, prosecutors had to convince the jury that Zimmerman acted with a “depraved” state of mind — that is, with ill will, hatred or spite. Prosecutors said he demonstrated that when he muttered, “F—— punks. These a——-. They always get away” during a call to police as he watched Martin walk through his neighborhood.
To win a manslaughter conviction, prosecutors had to convince the jury only that Zimmerman killed without lawful justification.
By: The Associated Press, Salon, July 14, 2013
“A Trial Ends, And Nothing Changes”: No Profound Insights Into The State Of Race In America
The trial of George Zimmerman comes to a close today, and despite the endless hours of cable coverage, those waiting for profound insights into the state of race in America will be disappointed. Zimmerman’s guilt or innocence turns on narrow questions, like who got on top of whom during a fight no one saw, not on the jury’s opinions about our ongoing struggles with racism.
That hasn’t stopped some people from predicting that should Zimmerman be acquitted, those unruly black people will begin rampaging through the streets. Bill O’Reilly wondered whether, in the wake of an acquittal, you-know-who would “run out and cause trouble.” Piers Morgan speculated that after an acquittal, “There may possibly be riots.” The Washington Times ran an online poll asking, “Will there be riots in Florida if George Zimmerman receives a not-guilty verdict by a jury of his peers?”
Oddly, no one wondered whether white people would start rioting if Zimmerman were convicted, despite the fact that the chances of that happening are about the same as those of black people rioting over an acquittal. There hasn’t been a massive “race riot” in America in years; if you want to see people smashing windows and setting cars on fire, your best bet is to go to Europe and look for mostly-white people angry about their country’s economy.
But if you wanted to find some interesting and insightful commentary about the Zimmerman trial, you’ll have to surf over a tsunami of inane cable coverage, ridiculous speculation, right-wing conspiracy theories, and dispiritingly predictable race-baiting. At least it’ll be over soon.
By: Paul Waldman, Contributing Editor, The American Prospect, July12, 2013
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