Sarasota News Leader

07/19/2013

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Sarasota News Leader July 19, 2013 OPINION Page 70 to himself or herself or to another or to pre- violated Martin's civil rights to a civil "wrongvent the imminent commission of a forcible ful death" suit against Zimmerman brought by felony." Martin's family. The previous standard of self-defense allowed the use of deadly force only when retreat from the peril was not an option. Now, of course, such prudence has been tossed out the window and the much lower standard of a personal "belief" that one is in imminent danger of death or harm allows one to proceed directly to the use of deadly force. Tragically, the only witness to a shooter's state of mind — that is, whether there was a legitimate reason to believe that death or great harm was imminent — generally is the shooter's victim. And, as the saying goes, "Dead men tell no tales." But both actions are even more tenuous than the original homicide prosecution and likely to fail. Why? Because a criminal prosecution for violating Martin's civil rights must prove that Zimmerman killed Martin not because the latter was a suspected criminal but only because he was black. And the civil action would be even more hampered by the state statute, now buttressed by the jury's decision in the criminal case. (That is quite unlike the situation in California, when O.J. Simpson was acquitted of murder but found civilly liable in the deaths of Nicole Brown Simpson and Ronald Goldman.) Despite the outrage over a teenager being gunned down by an overzealous community watch member, only Zimmerman's account of the events was available, as most legal authorities pointed out. Martin, who could have rebutted his version of what transpired that night, no longer was able to speak for himself. What made a criminal prosecution of George Zimmerman difficult, and any other criminal charges or civil actions unlikely, is Chapter 776 of the Florida Statutes. The infamous "stand your ground" law has lived up to its most dire predictions: Someone killed someone else under questionable circumstances A rickety conglomeration of frantic 911 calls but could not be held accountable because the and other circumstantial evidence collapsed law shielded him from effective prosecution. in the face of that hard reality. As the law is written, Zimmerman had to be proven a liar So the question understandably becomes, beyond a reasonable doubt. The jury of six "Why does Florida have such a law?" And the women could not find the evidence convinc- short answer is, "Because of the National Rifle ing enough to overrule his version of events, Association." and thus voted for his acquittal. But the more complete answer is, "Because In the aftermath of the verdict, many have of a wholesale usurpation of the democratic called for some other avenue of retributive process in Florida by corporations and their justice, from a federal charge that Zimmerman right-wing policy organizations."

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