One year ago today, a young man was shot and killed by a member of a neighborhood watch in the Florida community where he was visiting. A couple of days later, our local university held a Hoodie March, to protest the shooting of that young man -- youth, really -- Trayvon Martin. It was held in response to the … well, lack of response of Sanford, Florida law enforcement officials to the shooting death of 17-year-old Martin by George Zimmerman, the member of that neighborhood watch.
Zimmerman has been charged with second degree murder in the slaying. He will go to trial in June. He has been in jail since his arraignment, but before that, the law allowed him to walk free for almost two months until his arrest.
Zimmerman says he shot the teen in self defense. He challenged Martin, Martin reacted, and in the confrontation, was shot. It's not so simple, though. Before challenging Martin, Zimmerman called a police dispatcher, who advised him strongly to stay in his car and not confront the hoodie-wearing youth. Tragically, he did not heed that advice.
Zimmerman, obviously, was armed with a gun; Martin was armed with a cellphone, a can of iced tea and a bag of Skittles, which he had bought at a neighborhood store and was carrying home on a rainy night, which is why he was wearing a hoodie. It seems the hoodie rendered its wearer menacing, or at least suspicious, hence its significance to protesters as an emblem of injustice.
Zimmerman, obviously, was armed with a gun; Martin was armed with a cellphone, a can of iced tea and a bag of Skittles, which he had bought at a neighborhood store and was carrying home on a rainy night, which is why he was wearing a hoodie. It seems the hoodie rendered its wearer menacing, or at least suspicious, hence its significance to protesters as an emblem of injustice.
But the focus of the killing has now become Florida’s so-called “Stand your ground” law. It repeals the requirement that, if you feel threatened, first, you must retreat if you can. The law expands the so-called Castle Defense beyond the home. You can use deadly force anywhere you feel threatened, not just behind your four walls. And not just to defend yourself, but to defend property.
It’s a very popular idea, a heroic stance. The law feels like the frontier, those good, old Wild West days where you took the law into your own hands. Face-offs on Main Street, gunfights at the OK Corral, that sort of thing. But now Florida, and a few other states, including my own Pennsylvania, which have similar laws are taking another look. Those laws probably will not be repealed, but may well be amended.
The difficulty with the law is that word “feel.” Not only is it ambiguous – how, precisely, do you measure that feeling? – it is subjective. One person could feel frightened in circumstances that would not necessarily frighten another. It is not for nothing that laws generally go to considerable lengths to spell out exactly what is meant by specific reactions to specific circumstances. The idea is to avoid ambiguity, to suppress subjectivity, to prevent mistakes that can be fatal.
Smythe put his pen on the problem in his Andy Capp cartoon. It illustrates what can happen when you react to a perceived threat or menace based on what you feel is a threat or menace. What if you’re wrong when you “thought-he-was-going-to-hit-me”? The problem then is, laws like Florida’s “Stand your ground” law allow you to, literally, shoot first and ask questions later. And we’re talking bullets, not fists.
The specifics of the Martin-Zimmerman case are in dispute. Zimmerman claims Martin assaulted him. He claims he was injured. Martin’s defenders insist otherwise. State and federal investigations and his trial may clarify which assertions are true. But one thing is incontrovertible. In great part because of that Florida law, someone is dead.
As with similar laws in several other states, “Stand your ground” is flawed because it substitutes human emotion and subjective feeling for due process – in short, the law. And, remember, we have always prided ourselves in being a nation of laws, not men. Nothing is infallible, not laws, not men. But unlike men, laws don’t make snap judgments, and in matters of life or death, that is a crucial distinction. When guns are in hand, the last thing we should want is a situation where someone is allowed to “hit-him-back-first.”
As with similar laws in several other states, “Stand your ground” is flawed because it substitutes human emotion and subjective feeling for due process – in short, the law. And, remember, we have always prided ourselves in being a nation of laws, not men. Nothing is infallible, not laws, not men. But unlike men, laws don’t make snap judgments, and in matters of life or death, that is a crucial distinction. When guns are in hand, the last thing we should want is a situation where someone is allowed to “hit-him-back-first.”