I recently ditched my cable television in order to live a more "economic" lifestyle. Despite my "disconnect" from the world of constant imagery, the news of the Trayvon Martin situation continues to make it to my cell phone and across my CNN ticker (on my internet capable tv). Curious, I log onto CNN and discover that while I have been planning events, studying confusing law topics, and reading legislation proposals, the Nation (or a good bit of the Nation) has been discussing an irreversible tragedy. So here I am, sitting on my sofa digging through the news clippings of the past two weeks, and I discover that, apparently, if you live in Florida, it is okay to murder somebody so long as you feel "reasonably threatened." Hmphf.
Imagine getting into a confrontation with a stranger on the street and, as a result of a heated argument, losing your life. Imagine further that the person who stopped your dreams and aspirations; who murdered the promise of potential you possessed, the love that you harbored for those in your life, the sound of your laughter, and the sight of your smile was free to walk away. Imagine that the person responsible for pulling the trigger and extinguishing your precious life was not to be held accountable. No arrest, no charges, no appearance before a judge or jury, nothing more than a simple, "Oops...well he felt threatened."
Anybody ever watch South Park? Well, there was this thing on South Park, where a law was passed that the people of South Park couldn't shoot certain animals unless the animals were "posing an immediate threat." To get around this law that prohibited hunting, the citizens of South Park, found that if they simply yell out in front of witnesses, "IT'S COMING STRAIGHT FOR US!!! (check it out here: http://youtu.be/a2436_3BRlA)," they would be within their legal rights to shoot and kill whatever it was they were hunting....sound familiar? It does to me. Sounds like the Stand Your Ground law.
For those who don't know, I am a third year Law Student (3L). What do 3Ls do? We look up laws! So I pulled this Florida statute (or law for you non-legal people). The Florida law in question provides for the Justified Use of Deadly Force (F.S.A. § 776.013). This law grants a presumption of reasonable fear of imminent peril of death or great bodily harm when a person uses deadly force as long as certain situations are present. The law provides homeowners with legal immunity when someone attempts to, or actually breaks into their home, or dwelling, etc. But in addition to this, the law actually grants immunity from criminal prosecution for people who are simply in a place where they have a "right to be" and who "reasonably believe" that deadly force is necessary to prevent death or great bodily harm to themselves or others or to prevent the commission of a forcible felony. This is where the problem comes in.
So, if I have been conditioned by the media, my family, stereotypes, movies and television, and the trends of the law enforcement agencies to believe that young black men who wear certain clothes and walk up and down the street at night--in really nice neighborhoods--are probably drug dealing, gun toting, dangerous thugs, then I reasonably believe that the young black man in this gated neighborhood will cause great bodily harm to me. That means deadly force is justified as long as I'm being attacked! Sounds kinda like "HE'S COMING STRAIGHT AT ME!" Doesn't it? Yeah...and you add to that the fact that the shooter of Trayvon Martin had a legal right to be on the street...cause that's sort where people drive and walk...and you see how he is no longer "legally" responsible for killing that young man who was minding his own business.
Please don't allow the casual way in which I am discussing this matter to mask my outrage at this situation. Trayvon and his family aren't the only ones to fall victim to this law that does not require a person being "attacked" to retreat or avoid the confrontation (Let's not forget the fact that by all indications, Trayvon's murderer--Zimmerman--was the aggressor in this situation). CNN reporter, Jeffery Toobin, wrote about David James, who stood up for a young man who was skateboarding on an outdoor basketball court and lost his life when Trevor Dooley (the man who attempted to shoo the skateboarder), during the confrontation, pulled out his gun and shot James dead. Dooley yelled "HE WAS COMING STRAIGHT AT ME" a.k.a. "I felt reasonably threatened," and has requested that the court dismiss his case under F.S.A. § 776.013. (Jeffery Toobin, Does Florida Law Let Killers Go Free?, CNN March 21, 2012 - http://www.cnn.com/2012/03/20/opinion/toobin-trayvon-martin/?hpt=hp_c1).
It seems to me, that everyone is screaming and yelling for the Police Chief to step down, and for Zimmerman to be locked up (which he should be), but no one has yet turned their frustration or anger on the legislation. Laws like this one have to be carefully monitored. They lead to tragic and senseless deaths and falsely justified murders. I am praying for the families affected by this Stand Your Ground nonsense, Trayvon's and those that went unnoticed by the mainstream; those that were seemingly racially motivated, and those that weren't. Just because you have a Constitutional right to own and carry a gun, doesn't mean you have a right to snuff out someone's life. Think about it.
In the words of my young cousin, "I'm just saying..."
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