To anyone outside America it is very difficult to follow the US judicial process. The current cause celebre is as a result of a neighborhood watch volunteer, a white Latino, George Zimmerman, shooting and killing, on February 26, an African American, Travyon Martin, whom he alleged was acting suspiciously. The police did not charge Zimmerman, presumably, accepting his story of self defense and or his right "to stand his ground" under attack. It appears common cause that an altercation took place between the two after Zimmerman had reported to the 911 dispatcher his sighting of the teenager. Zimmerman was reported to have injuries and grass burns on his clothing.
The fact that Zimmerman was not immediately arrested evoked a nationwide outcry including marches lead by African American activists such as the Reverend Al Sharpton and Jesse Jackson, head of the Rainbow Coalition. There were even accusations of a police cover up as Zimmerman had originally been photographed in handcuffs and the investigating officer, who had recommended that Zimmerman be charged with manslaughter, (culpable homicide) was apparently overruled.
UNDERLYING ISSUES.
There is a perception in the Black Community, often backed by fact, that they are profiled by law enforcement for arrest and prejudicial treatment. Studies have been done that show there are higher incarceration rates for similar offences, for example among black offenders.
Furthermore, this belief does not emerge in a historical vacuum. There is the history of slavery, legal segregation till about 60 years ago with the denial of voting rights and lynchings the last of which was in 1951. In recent times there have been celebrated instances of profiling with police being accused of excessive force and shooting suspects purely on the basis of race. The notorious Rodney King incident and the New York shooting of Amadou Diallo are but two recent examples of the tensions these interracial confrontations can evoke.
Invariably these confrontations are between a white authority and a non white "victim". African Americans maintain that this profiling is more the rule than the exception. In a study commissioned by the NYPD in 2006 in NY the raw data showed that 89% of those stopped for suspected criminal activity where African Americans. However, the researchers found little difference in the treatment of those stopped and made some recommendations to the NYPD as to police - pedestrian interactions. There also has been a concerted effort by some state authorities to come to grips with the problem. More than 20 states have passed legislation to outlaw profiling. So it is fair to say the problem has been recognized and to a certain extent addressed.
THE "VICTIM'S" FAMILY
The Martin family have been measured in their comments. (Another custom unique to America is where families appear, accompanied by their lawyers, in the media commenting on their tragedy and the behavior of the legal system). The Martin's have had one consistent refrain. Why,was a non law officer who shot and killed an unarmed teenager, whom he was told by the 911 dispatcher not to confront, not arrested? Had the races been reversed and the shooter been Black and the "victim" been white there is little doubt that the shooter would have been arrested, they maintain.
THE UNIQUE AMERICAN ROLE OF THE MEDIA
A media storm arose, as it so often does, in an incident that crystalizes an issue over which there has been so much tension and animosity. The dramatis personae take on the mantle of representing differing sides of public opinion of the issue rather than the merits of the particular incident per se. The Martin tragedy became the issue du jour with everyone and everybody weighing in. Bill Cosby said it had nothing to do with race but everything to do with guns. Mike Tyson maintained that vigilantes should have killed Zimmerman. Tempers flared from supporters of both sides of the political divide. Legal experts, activists, jurists and talk show hosts have gone on endlessly on about the merits of the case, "the stand your ground" legislation, which broadens the defense options in a case like this, and the action or inaction by the police. This discussion has gained momentum all the more now that Zimmerman has finally been charged.
Now none of this would be allowed in other first world countries where the sub judice rule applies. This rule allows no-one to comment on a legal case in progress lest it prejudice the outcome, and should apply all the more in America as nearly every trial is a jury trial and no-one can escape the bohaai. First Amendment rights of Freedom of Speech, trump however, the risk of influencing potential jurors.
THE FLORIDA JUSTICE SYSTEM
The first response to this public pressure was that on March 22, Florida Governor Scott stepped in and took the unusual step of replacing the State Attorney, Norm Wolfinger, who was the law officer responsible for deciding how the investigation was to proceed. Wolginger had decided to convene a Grand Jury, which is usually a lengthy procedure, to decide if there was any case against Zimmerman. Scott replaced Wolfinger with another prosecutor, Angela Corey, who was designated with the title of a special prosecutor.
On April 11, Angela Storey announced that Zimmerman would be charged with second degree murder that carried a maximum penalty of life imprisonment. This in contrast with the original State's Attorney's initial decision that there was not even enough evidence to charge Zimmerman with manslaughter, (culpable homicide).
DIFFERENCES CONTINUED.
Distinguished lawyer and jurist Alan Dershowitz weighed in on this course of events. He stated that the problem with the American judicial system is that state prosecutors and judges are elected by popular vote. He alleged that Angela Corey had acted irresponsibly and even unethically by charging Zimmerman with murder where intent had to be proved. He said the facts that she presented to do so were pathetically weak. She was just pandering to her electorate. She hoped to get a plea bargain, (in this environment), where Zimmerman would plea guilty to manslaughter. Probably the best know criminal defense attorney in America, Marc Geragos, agreed with Dershowitz, on the lack of merits of Corey's case for murder.
"STAND YOUR GROUND" LEGISLATION FLORIDA.
It is fair to say the "Stand Your Ground" law is controversial. It was pioneered by a Marion Hammer who has strong affiliations with the National Rifle Association. This law states that an individual may stand his ground and not retreat and use deadly force even in a public area. The grounds for using this force are very broad and are under the rubric of, if the perpetrator, "had reasonable belief of a threat, (my emphasis).
Since the Law has been introduced there have been three times as many "justifiable" homicides in Florida. (A total of twenty states have similar legislation on their books). The law was opposed by several police chiefs and prosecutors at the time. John Timoney who was the police chief of Miami stated called it "The License to Murder Law" and would turn Florida into the tropical Wild West.
"Trying to control shooting by members of a well-trained and disciplined police department is a daunting enough task," Timoney said at the time. "Laws like Stand Your Ground give citizens unfettered power and discretion with no accountability. It is a recipe for disaster."
Thus if the perpetrator can prove that there was "reasonable belief of a threat" then he has immunity from litigation. This could be the first item of business in this trial and if the defendant can prove this he has immunity from further prosecution and litigation in a civil court.
AT THE END OF THE DAY.
The one positive result of what has followed in the public domain, surrounding this tragic event, is that the set of circumstances that resulted in this killing will see the light of day. Justice cries out for an explanation as to how a teenager, who was on an errand, was shot dead by a self appointed neighborhood watchman, who had been told by authorities not to approach him regardless of his, as it turns out, misplaced suspicions.
No comments:
Post a Comment