[lbo-talk] Obama Speaks Out on Trayvon Martin Killing

// ravi ravi at platosbeard.org
Mon Mar 26 20:30:31 PDT 2012


On Mar 23, 2012, at 7:38 PM, Jordan Hayes wrote:
> // ravi writes:
>
>> [...] the story I posted, where an asshole chased a guy down a
>> block and stabbed him to death, which the judge excused through
>> reference to this Stand Your Ground law.
>
> I agree that this is a puzzling case, and it will be interesting to see what the written report looks like and where the appeal leads. It wouldn't be the first time that a judge issues a surprising result.
>
> But that's me: in a case where there's no obvious judicial bias, if the government fails to make their case, I'm happiest with an acquittal even if I know for sure that the defendant is guilty.
>
> I guess that makes me, what ... a liberal?
>

Sure, presumption of innocence and all that. That would apply to this chap Zimmerman, true. But then if he were prosecuted as someone who ran behind another person and eventually shot him to death might typically be, and if he were to claim self-defence then existing laws and processes would apply to decide if he were guilty, and those same laws would protect and validate Angel Gonzales. Or so it seems to me. I don’t see the case where the requirement to “run away” would harm Gonzales as it would Zimmerman, nor do I see how “stand your ground” would be necessary to exonerate Gonzales.

It has been argued elsewhere that “stand your ground” does not in fact give you the right to chase behind someone and provoke an altercation — on the obverse, I think in fact Zimmerman’s lawyer just today or y’day stated that the defence will not be based on “stand your ground” but on the older notion of self defence.

In the meantime, judges like the one in my story are using “stand your ground”, whether it was intended for such usage, to excuse vigilantism or instant citizen “justice”. So, unless I am getting it wrong somewhere, “stand your ground” is either redundant (older protection of self-defence suffices for all legitimate cases; I am not being circular here I think), or it is about something else (in which case, what?), or it’s net effect is to facilitate mischief.

I do agree that all this needs to play out in some formal way - a police (or journalistic) investigation or legal arguments, etc.

—ravi



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