"It is better that ten guilty persons escape than that one innocent suffer",
-- English jurist William Blackstone
I've been thinking about Zimmerman / Martin a lot.
I was a public defender for a long time and I am a staunch defender of the rights of all people (even those charged with crimes). Unlike many, I can't get mad at the jury. This case was difficult b/c legally, he was likely not guilty -- my criminal defense friends might even agree. We were not in the courtroom every day. We did not see every piece of evidence that the jury did. We did not hear every witness. Even if we did, they were charged with following the law. I think they probably did that. We might disagree with the law (and I might), but I can't disagree with the verdict.
This entry, though, is not a moral defense of what happened. Clearly, Zimmerman's actions caused that boy's death. If he stayed in the car, as he was ordered to do, Martin is alive. As Jason Alexander wrote here, if Zimmerman does not have a gun, he probably doesn't follow Martin b/c he does not feel like he is invincible or something special. He would have let the police do their jobs (this is not a commentary on guns).
This might have been race related and I am not naive enough to think that if the races were reversed, he Zimmerman would still have not been convicted (stats bear that out). Zimmerman's idiot actions, though are not 2nd degree murder (or even manslaughter).
What is more disturbing to me are the protests around the country related to Zimmerman. I heard reports of dumpster fires, vandalism, assaults, throughout the country today related to the Zimmerman verdict. Is that what we have become? Rioting when something does not go your way? Protesting for one victim, when there are hundreds of victims around the country? Marching for a shooting in Sanford, FL, when there are shootings 3 blocks from where I sit? Marching for Travon Martin, when there are children in STL (and ever city) not getting sufficient care at home, not getting sufficient eduction, and not getting sufficient nutrition to survive in this world (let alone prosper).
People should use this as a wake up call. Not a wake up call regarding the value of black life or whether the criminal justice system works (I'd submit it does work and that is why the verdict was not guilty -- those jurors were not affected by the outside world -- they considered the evidence and acquitted). This should be one of many wake up calls that there is a lot that needs to be fixed and we should get started getting some of that shit done.
Have a nice day and be easy
-- cp
It is what the title says, it is simply what I think. nothing more and nothing less.
Love it.
ReplyDeleteVery well said.
I have been waiting on your take and it's just as logical, insightful and intelligent as I thought it would be! :)
Thanks for sharing this. It's almost exactly how I feel with one exception: it SHOULD be a commentary on guns. People who believe they are protected by their guns are less likely to avoid confrontation and more likely to seek it out. It's the Risk Compensation Theory at work. Zimmerman is a perfect example—from what I've seen and heard of him, I'm almost certain that if he had not had a firearm, he would not have pursued Martin, and Trayvon Martin would still be alive.
ReplyDeleteThat said, I think the jury got it right according to Florida law—which is the real problem. We’ve gone so far that gun owners have rights in these states that police don't have in most other states—the right to defend oneself from lethal force even when no threat of lethal force exists. It's asinine. It's actually possible for two people to get into a conflict where they both feel threatened, and it could escalate to a western-style shootout without anyone ever breaking the law.
We are regressing in our attitude on guns, and this is another perfect opportunity to point that out. (Isn't it amazing how frequently such opportunities arise in this country these days…)
I've always found Blackstone's quote interesting in that it only considers the question of the innocent suffering vis-a-vis the accused up against the power of the state. There are (and would be) many innocent victims of those ten guilty persons released by the state in lieu of the one innocent person unjustly convicted.
ReplyDeleteJustice is difficult under the best of circumstances.