On February 26th 2012 George Zimmerman shot and killed Trayvon Martin in
Sanford, Florida, US. Following a series of unofficial, behind the
scenes meetings the police decided not to prosecute Zimmerman. This was
wholly unjust because it meant that the polices actions were outside of
any oversight of any Court or the law. When the police start behaving
like this they stop being impartial servants of the law and instead
become just another gang of thugs subject to the human failings such as
racism, sexism and well just laziness that affect us all. It also meant
that Trayvon Martin family were left without an explanation of how he
came to die.
Therefore quite rightly citizens of the US responded with protests
calling for Zimmerman to be put on trial. Following a review by the
Florida state attorney a Grand Jury was convened and it decided to
indict Zimmerman on a charge of second degree murder as defined by
Section 782.4(2) of the Florida penal code. This led to a trial in which
the facts of the case were laid out in open Court. The main thing this
trial uncovered was that Trayvon Martin was not the innocent child that
his supporters had portrayed him as. Instead he was a young man who was
already heavily involved in petty crime including offences of violence
and unlawful firearm possession. The trial also uncovered that it was
Martin who had attacked Zimmerman first and at the time Zimmerman fired
the fatal shot Martin had him pinned to the ground, was striking him
with his fists and forearms and was smashing his head into the concrete
pavement.
With Zimmerman pinned down and therefore unable to escape Florida's
controversial "Stand Your Ground" rules did not apply. However the fact
that Martin was violently attacking Zimmerman at the time he was shot
and killed meant that Zimmerman was able to argue that he needed to kill
Martin in order to protect himself from serious harm or even death.
This is the universal principle of self-defence that exists in Florida
state law, US federal law and even international law.
After careful consideration the Jury accepted Zimmerman's argument and
ruled that Martin was lawfully killed meaning that Zimmerman could not
have committed the offence of second degree murder. They also rejected
the charge of manslaughter as defined by Section 782.07(1) of the
Florida penal code. However putting this offence to the jury in the
first place struck me as the Court overstepping its bounds in order to
make sure Zimmerman was convicted of something.
As I've said before I personally would have liked to see the jury
consider the offence of aggravated assault as defined by Section
784.021(b) of the Florida penal code. Primarily this is because I think
that it is the only offence Zimmerman could have been found guilty of
over the incident. It would also have allowed for a lot of discussion
about mandatory minimum sentences that disproportionally affect young,
black men in the US and restrictions preventing convicted felons
possessing firearms. However as I've said I think it was the protests
that were calling for Zimmerman's head on a plate that discouraged the
prosecutor from taking this unconventional route doing themselves a
disservice in the process.
(Originally Posted) 10:40 on 14/7/13.
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