This just in, George Zimmerman will reportedly be charged in the death of Trayvon Martin:
(Miami Herald) — Florida special prosecutor Angela Corey is expected to charge — as early as today — neighborhood watch volunteer George Zimmerman in the shooting of Trayvon Martin, various media outlets, citing anonymous sources, are reporting. Corey will make an announcement on the case at 6 p.m. Wednesday, her office confirmed. The word came shortly after Trayvon’s parents attended a national conference in Washington, D.C. led by Rev. Al Sharpton. They expressed fear that people will react to the news with violence and urged calm.
Earlier today I off-handedly mentioned in a blog post that I thought prosecutors might have a better shot at making a manslaughter charge stick than a murder charge. There are too many unknowns to say for sure, but based on what we do know, there are plausible narratives in which this is manslaughter and not murder.
Please note that my take on that aspect of it does not at all change my fervent beliefs that 1) a terrible crime was committed; 2) if the races of the participants were reversed the shooter would have been arrested on day one and quite possibly charged with murder, even if manslaughter were the more appropriate charge; and 3) this has brought out some really disgusting displays of racism, in people actually wanting to paint Trayvon as some kind of thug because, um, I’m not really sure actually. I feel bad for George Zimmerman, but this case is about race, and he does need to be brought to justice.
If they can find him. Zimmerman’s lawyers apparently don’t know where he is…
Why feel bad for Zimmerman? He made a choice. He decided that a black kid walking in a non-poor neighborhood needed to be questioned. Then he chased that kid with a gun and wound up shooting him. I only have two concerns. First is that Zimmerman will take the coward’s way out. Second is that the jury won’t convict. All it takes is one out of twelve to decide that a black kid in a hoodie was a thug who got what was coming to him and justice would be denied.
The biggest problem is how the police acted. They did not do their duty and investigate Zimmerman’s claims. If his nose was broken, then where is the evidence? If there was a struggle, where did it happen? Instead the cops failed the public and let him go believing everything he said.
I know one thing, if he’s not convicted, it will be the LA riots all over again. I hope the proscuter knows this and has a case tighter than a duck’s backside.
@Alverant – Actually, I think there is a higher risk of Zimmerman getting off because of the “Stand Your Ground” law. The jury will have no choice but to consider that law when decided whether or not to convict. From a layman’s understanding of that law, the defense only has to demonstrate enough that Zimmerman was fearful for his safety. I’m not sure the law accounts for the fact that Zimmerman created the confrontation…
And the obvious question is:
Would Zimmerman have ever been charged without the public’s outrage?
In all likelihood, no.
I hope the proscuter knows this and has a case tighter than a duck’s backside.
I’m sure he knows this. I’m also sure he knows that if he gets a conviction, the whites will scream and cry about how they can’t defend their property and they’re the real victims of racism blah blah blah WAAAAH, rinse, repeat… In fact, I suspect that’s why the original prosecutor chose not to file charges in the first place — and why the new guys might, at least subconsciously, kinda sorta maybe sabotage their own case a little.
From a layman’s understanding of that law, the defense only has to demonstrate enough that Zimmerman was fearful for his safety.
If that happens, the state can appeal and try to have the law overturned, on the grounds that, by enabling Martin to be executed for an alleged crime without a trial, it denied him the equal protection of the laws. (They can also appeal on vagueness grounds, and on unequal application of the law.)
@Raging Bee – In the end, that is my most fervent wish.
Zimmerman appears to be a racist jerk, but, more importantly from my perspective, it is the “Stand Your Ground” law that needs to get tossed out. The law is a vile twisting of the self-defense concept that appears to have been fully exploited in this very public case, but who knows how many others have gotten away with killing someone for no real reason because of this law.
I believe that if the law was not in effect, Zimmerman would have been arrested the night he shot Martin. But because of the law’s ambiguity, the cops felt they couldn’t arrest Zimmerman.
“it is the “Stand Your Ground” law that needs to get tossed out. ”
Why? If the account of what happend is true he didn’t stand his ground.
The police just don’t understand the law (or didn’t want to).
The moment he followed Martin after the police told him not to he left his ground.
At least that’s what my law student brother tells me…
Anyway, good thing Zimmerman will be prosecuted, but I have little hope he will get a conviction.
The lynch mob has spoken.
Wow, ‘Tis, that’s pretty charitable. I believe that if Zimmermann’s father had not been a Federal magistrate, he would have been arrested the night he shot Martin. But because of the law’s ambiguity, the cops felt they had cover for not arresting Zimmermann. It’s possible that Zimmermann’s not-blackness had something to do with it, as well.
@8: Florida prosecuters have, in fact, come out opposed to the law on the grounds that it is being used by drug gangs to murder each other and get away with it.
So I would guess – many many have gotten away with it. But nobody outside of the FL. DOJ really cared until now.
My own (IANAL) opinion is that running towards someone and intentionally putting yourself in harm’s way can eliminate the ‘fearful of ones’ safety/self-defense’ claim. If it doesn’t, Floridians could stage gun duels (pistols at 20 paces etc., or western-style shootouts) and both participants could legitimately claim self-defense. Obviously that is something society wants to call nonsense. Choosing to enter into such a situation should – in general – make it no longer self-defense.
Well that news go somewhat nearer to restoring a little faith back in the Justice department.
But bad laws get folks killed…prime example right here.
It might have been meant to increase personal security, but is is so damned easy to abuse and makes murder so much more of a game.
Shame on the fool that drafted this motion, shame on the house for legitimizing it. Being thick and pompous is no excuse.
Maybe the political clowns should really grow up a bit and realize there are unstable and trigger happy morons out there that have finally been given a away to use their ‘toys’ to do what those ‘toys’ do…kill people…stone dead and with no consequences to the ‘hero’.
It is a tragedy begging to happen, and it has, and will continue to happen, until that ridiculous law is repealed!
2nd degree murder charges being levied against Zimmerman. Surprisingly appropriate.
The prosecution, if they’re serious and not just responding to public pressure, needs to proactively address the “stand your ground” law. Make it clear that it was Martin, the victim, not Zimmerman, the aggressor, who had the right to stand his ground.
Too bad “speedy trials” don’t really exist any more. It’ll be another year before it starts, I’d guess.
unbound:
Huh, interesting. I highlighted and did a Google search of the above “2nd degree murder” bit to remind myself of what it meant, and the very first two links are about the Zimmerman arrest.
“His” name is Angela Corey.
You do realize that being subject to jurisprudence is not the same as being lynched, right? Sort of the opposite, in fact.
Furthermore, you do realize Zimmerman is alive, and Trayvon Martin is the one who’s dead, right?
Just a feeling here..IANAL
But charging the Zimm with 2nd degree and not manslaughter is a strange shift!
At first no charges at all and no intentions…now from that to 2nd degree…WTF?
They are going after a life sentence here…well 25 years, whereas Manslaughter is about 7 or 8 years I think.
So if it is second, which seems to be the case, they must have some compelling evidence to justify that charge surely…unless they are deliberately stacking the charge to get an acquittal from an unconvinced jury or just thrown out by a judge at the pre-hearing arraignment?
@anubisprime – I’m not sure there is a shift here. The manslaughter concept was really just the peanut gallery spit-balling what they thought would happen. The peanut gallery (even though composed of lawyers) doesn’t have any additional information beyond what the public has.
From reports, the special prosecutor is very good and seems likely that she has a lot of good evidence to decide to press forward with 2nd degree murder charges. I’ve not seen anything that tells me that there is any kind of set up to help Zimmerman get off.
@Momo – Law student brother not-with-standing, the whole concept of “Stand Your Ground” is a huge legal issue from both what I’ve read from various lawyers around the country, and my own training in martial arts and self-defense (I do teach self-defense every now and then). The very first thing I was taught as a matter of self-defense, the very first thing other self-defense instructors I’ve interacted with teach, and the very first thing I teach my classes is that people should be avoiding the conflict.
To stand your ground is not self-defense, it is to engage in a fight; it is literally the opposite of self-defense. The law turns this very fundamental concept on its head and inhibits a proper examination of the event. Without the law, the officers would have had no choice but to arrest Zimmerman immediately and perform an investigation. The sole reason Zimmerman was arrested at all was due to massive public outrage. The law is simply a bad concept at its core and should be repealed in all states that it has been enacted.
unbound @ 21
I think there is more evidence then has been publicly disclosed then…otherwise such a course of action would not be attempted, convincing a judge let alone a jury has to have some premise to build on, apart from the generally reported scuttlebutt anyways!
And in one of the prosecutors press calls she seemed rather concerned about a jury and possible pre-judgement, which given the story and how it unfolded is indeed a challenge I would say!
It seems to have polarized society in Florida, and that alone is not an ideal back drop to any court case.
It also seems to have divided lawyers, some think that the ‘Stand your ground law’ is robust enough to exonerate and others think it adequately reveals the fatal flaw in the defense.
Just as you say ‘To stand your ground is not self-defense it is to engage in a fight’
Zimm chased the boy after being warned specifically not to…that alone seems to blow any such vague defense of being cornered by a felon sky high.
In which case this could have been an obvious scenario that was not entertained by the original ‘investigation’ and one wonders why they stepped over this gaping hole?
But I suppose speculation is all very fine…we shall see in due time.
Such a damned pity it was the public out cry that exposed the weakness of such a very badly thought out and proposed law.
And such a pity that despite her protestations to the contrary it does seem the hue and cry was what persuaded them to look again.
This law does smell like a permission…or at least a nod and a wink… to shoot innocent folks because they don’t fit in.
Not sure the American public signed up to that abomination.
They may be going for a higher initial charge in order to encourage a plea bargain to manslaughter. That’s a pretty common tactic, I think. I personally would like to see a plea bargain happen rather than drag everyone through a trial. I’m sure there are lots of people who’d be disappointed, but the best thing Zimmerman could do for himself and the country right now would be to take a plea for manslaughter and express sincere contrition.
Trebuchet @ 23
“They may be going for a higher initial charge in order to encourage a plea bargain to manslaughter”
Ahh yeah..that sounds possible…the Brits do not really have that system….they tend to charge at the level they can substantiate with evidence.
And of course the CPS has to sign off on that intention to begin with by accepting the charge as laid…and that depends on the case evidence.
I suppose there is some leeway to accept a lesser plea and drop the higher one…but it might be, if not rare, at least not common.