Trayvon Martin was murdered on February 26, 2012. At the time when he was breathing his last
breath, I was watching the NBA All-Star game.
At that time, I do not recall hearing details about Trayvon’s death. In fact, I did not become fully aware of the unfortunate
events until about a week or so ago. It
was almost as if there was a delayed reaction or a delay in coverage of the
incident. I think the death of an
unarmed, young teenager is worthy of substantial media coverage. The problem with the delayed response is
twofold: (1) why did it take the media so long to bring attention to the crime;
and (2) nationwide awareness about Trayvon’s death happened after efforts made
by the Martin family. Because of their
efforts along with other friends, family members, mothers, fathers, students
and even politicians, demonstrations and petitions have taken place all over the
country. In fact, I am very proud to say
that students at my former law school, The North Carolina Central University
School of Law, organized a peaceful memorial service for Trayvon. During the memorial service, many students wore
hoodies in a sign of solidarity and hope for Trayvon and his family. The
demonstration at NCCU is one of many peaceful demonstrations occurring across
the country.
I spend a good amount of time browsing the internet
and but for my propensity to do so, I still may not know about Trayvon’s case. I consider myself to be very logical and I
try not to react out of frustration or anger.
As such, I decided to conduct research on the facts of the case. So, as I began researching the matter, I
learned that Trayvon Martin was a seventeen year old young man who walked to a
convenience store to buy candy. He was
slain, in cold blood, and his admitted killer has not been charged, even
though it has been over a month since Trayvon’s death. From what I have read, it seems like an
extreme miscarriage of justice that Zimmerman has not even been charged with a crime. There certainly seems to be probable cause
sufficient for an arrest because of evidence of the 911 call, when Zimmerman
was told that he did not need to follow Trayvon. Zimmerman disobeyed the instructions and
followed Trayvon anyway.
Most people know that people are innocent until
proven guilty. However, I think most
people also realize the standard applied to widely publicized cases is guilty
until proven innocent. With that being
said, Zimmerman is already guilty in the minds of many citizens. Zimmerman claims he shot and killed Trayvon
because he feared for his life. His
attorney plans to assert a legal defense called self defense when, or if, formal
charges are ever brought against Zimmerman.
Before discussing the viability of that defense, it is important to discuss
the governing Florida laws. The applicable
laws adopted by Florida’s legislature in 2005 are referred to as “stand your
ground” laws. Those laws purportedly allow
a person to “stand his or her own ground
and meet force with force, including deadly force if that person fears death or
great bodily harm.” Proponents argue
the laws allow innocent people to protect themselves from unlawful attacks. They believe the laws also deter would-be
criminals from attacking innocent people because they know citizens are arming
themselves and do not have a duty to retreat before using deadly force to
protect themselves. Opponents of the laws
argue that the laws are vague and citizens do not fully understand how the laws
apply to them. It makes perfect sense
that people should be able to protect themselves in their own homes, but these
laws seem to allow decisions, as to life and death, to rest in the hands of
untrained citizens. The problem I have
with the laws is that eminent fear of death or serious bodily harm is very
subjective. Based on my understanding,
as long as the person claiming the defense can prove he was in fear of death or
serious bodily harm, he is afforded protection.
However, what happens when his fear was not fear at all? It seems that the laws can be used by
unsavory persons engaged in vigilante justice. I am sure the drafters of the laws had good
intentions, but that does not mean the laws will achieve the stated goal. I am
certain the constitutionality of the laws will be litigated in the near
future. I am expecting changes to the
laws, and I would not be surprised if the laws are repealed.
The Trayvon Martin matter is sad and it is also
eerily similar to the Rodney King situation.
Obviously, there are factual distinctions between the two situations,
but in terms of the tension between the police department and its citizenry,
the situations are similar. During the
early 1990’s, citizens living in impoverished areas of Los Angeles had little
to no confidence in the Los Angeles Police Department. Many events transpired which caused the
citizens to lose faith in the LAPD and to a certain extent, the justice system
as a whole. It seems citizens in Sanford,
Florida have experienced events which has made the collective group lose confidence
in the Sanford Police Department. When
that happens, as was evidenced in 1992 with the Los Angeles riots, a dangerous,
volatile situation is created. When
people believe their rights will not be protected by the police department, it creates
an environment where lawlessness is pervasive.
One of the first signs of losing control is when leaders no longer lead
their troops. This shows the population that
nobody is in control and provides an even more uneasy feeling for them. The police chief of the Sanford Police Department
stepped down. That set in place the
first step towards anarchy and lawlessness. I certainly hope no more violence will come
out of this situation, but the fact that George Zimmerman has not been charged
with a crime is a serious problem for many people. In the Rodney King matter, the police
officers who viciously beat Rodney King were acquitted. That event was the proverbial “straw that
broke the camel’s back.” It sparked riots
where at least 50 people were killed and over 400 were injured. The citizens destroyed the city and property
damages were reported at over 1 billion dollars. Having analyzed the circumstances surrounding
the 1992 LA riots and reading about the circumstances surrounding Trayvon
Martin, it is highly likely that an unfavorable outcome could lead to wide
scale violence. People are on edge and
expect for their leaders, i.e., police officers, attorneys, judges,
politicians, etc to provide a reasonable remedy to their problems.
How can a person’s attire be blamed for their
untimely death? Geraldo Rivera made a
very insensitive comment regarding Trayvon’s death. To paraphrase, he said that Trayvon was as
much at fault for wearing a hoodie as was his murderer for shooting him. Obviously, if a person wears a ski mask in the
summer, black sweat pants, black shoes, black gloves etc. they would look
suspicious. Even so, that would not give
anyone the right to kill them. This is
certainly different than a young guy wearing a hoodie, while it was raining. Young kids and adults alike across the
country wear hoodies. For some people, it is a fashion statement and for others
it is about comfort. Either way, it is
not a crime to wear a hoodie and nobody deserves to die because they decide to
wear one. I wear hoodies all the time
when I am going to and from the gym. The
facts of Trayvon Martin’s death have not been fully developed. However, it seems to me that this case is
really about an overzealous neighborhood watchman who took things too far. The 911 dispatcher clearly tells Zimmerman
not to follow Trayvon. He disobeyed that
instruction and that led to the untimely demise of young Trayvon Martin.
The latest shocking development in the case is that
allegedly the police department has obtained evidence which suggests Trayvon
was the aggressor. The “anonymous” witness allegedly saw Trayvon as he struck
Zimmerman. I am not easily swayed by “anonymous”
sources because honestly, the person could be creating a story. Also, several media outlets have reported
that Trayvon was suspended from school a few weeks before his untimely
death. I do not understand how Trayvon’s alleged
suspension has any bearing on the outcome of the current matter. The fact that it was mentioned at all is very
odd.
Normally, litigating a case through the media is not
the proper method. Generally speaking, litigation
should be reserved for courtrooms. However, in this case, the media attention
has actually brought awareness to the country. Trayvon Martin’s family took an active role in
seeking justice on his behalf and now the world is aware of his murder. Still, over one month has passed and still no
charges have been filed. Let us all hope that in the coming days justice will
be served because honestly, the peacefulness in Sanford, Florida could depend
on it.
Peace