In trying to assess the killing of Trayvon Martin by George Zimmerman, two seemingly conflicting truths emerge for me. The first is that based on the case presented by the state, and based on Florida law, George Zimmerman should not have been convicted of second degree murder or manslaughter. The second is that the killing of Trayvon Martin is a profound injustice... The injustice inherent in the killing of Trayvon Martin by George Zimmerman was not authored by a jury given a weak case. The jury's performance may be the least disturbing aspect of this entire affair. The injustice was authored by a country which has taken as its policy, for the lionshare of its history, to erect a pariah class. The killing of Trayvon Martin by George Zimmerman is not an error in programming. It is the correct result of forces we set in motion years ago and have done very little to arrest.One need only look the criminalization of Martin across the country. Perhaps you have been lucky enough to not receive the above "portrait" of Trayvon Martin and its accompanying text. The portrait is actually of a 32-year old man. Perhaps you were lucky enough to not see the Trayvon Martin imagery used for target practice (by law enforcement, no less.) Perhaps you did not see the iPhone games. Or maybe you missed the theory presently being floated by Zimmerman's family that Martin was a gun-runner and drug-dealer in training, that texts and tweets he sent mark him as a criminal in waiting. Or the theory floated that the mere donning of a hoodie marks you a thug, leaving one wondering why this guy is a criminal and this one is not.We have spent much of this year outlining the ways in which American policy has placed black people outside of the law. We are now being told that after having pursued such policies for 200 years, after codifying violence in slavery, after a people conceived in mass rape, after permitting the disenfranchisement of black people through violence, after Draft riots, after white-lines, white leagues, andred shirts, after terrorism, after standing aside for the better reduction ofRosewood and the improvement of Tulsa, after the coup d'etat in Wilmington, after Airport Homes and Cicero, after Ossian Sweet, after Arthur Lee McDuffie, after Anthony Baez, Amadou Diallo and Eleanor Bumpers, after Kathryn Johnston and the Danziger Bridge, that there are no ill effects, that we are pure, that we are just, that we are clean. Our sense of self is incredible. We believe ourselves to have inherited all of Jefferson's love of freedom, but none of his affection for white supremacy...
An observer from Slate about the wackiness of Florida, and how the legal system in Florida isn't so much as wacky as it is screwed:
It doesn't help that the same prosecutor who lost the Zimmerman case recently won a conviction against Marissa Alexander, a black woman who fired a warning shot to chase off her abusive ex-husband, hurting no one. She was sentenced to 20 years in prison for aggravated assault with a deadly weapon. Twenty years for a warning shot against a known abuser versus no time at all for killing an unarmed teenager leaves you scratching your head and wondering if justice is not just blind but also insane...I spent four years covering criminal courts in Florida. I covered every kind of case, from misdemeanors to murder. One thing I learned is that you can never predict what a jury might do once it’s locked away to deliberate. I covered one trial where the defendant was accused of bigamy, and his defense was: Sorry, I forgot I was married already. He walked...
Prosecutors around the state boast of their high conviction rates, but those stellar records tend to be built primarily on successful plea deals, not trials. And frankly, some of their trial successes turn out to be the result of flimsy or faulty evidence—Florida leads the nation in the number of death row inmates who were subsequently exonerated...People who work in the court system can blame the legislature for the way our laws are worded. For instance, Florida's “Stand Your Ground” law was based on a distortion of a single anecdote, and it has subsequently allowed drug dealers to avoid murder charges and gang members to walk free...
We've got a serious problem with our legal system. We've had a serious problem for decades, and we're still not addressing the issues of fairness or justice. And it's not just the racial animus of the legal system, it's the aggressiveness of a criminal defense system that can go out of its' way to "blame the victim" like the way Zimmerman's lawyers went after Trayvon - what else is "Stand Your Ground" but a calculated method of blaming the guy you killed "oh if only he didn't force me to pack a gun and blow his heart out his chest" - not just for murder cases but also rape cases - a lot of rape victims don't even pursue legal recourse out of fear they'll be slut-shamed at trial.
Balancing the right of a defendant to a fair trial ought to be balanced by the right of the victim to gain (or regain) some semblance of justice for the crime that took place.
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