By Thoreau
Let us consider the most plausible scenario that would favor George Zimmerman: Trayvon Martin is walking down the street. He sees a stranger in a car following him. Eventually, having been told all his life of the dangers posed by strangers, Martin decides to try to get away. At that point, the stranger gets out of the vehicle. So now Martin is even more freaked out. Wouldn’t you be, if you were young and a stranger substantially bigger than you got out of his car to chase you? So Martin hides, gets the drop on his pursuer, and starts punching him. Perhaps not the brightest move, but a completely understandable one.
George Zimmerman’s fate will hinge on one simple question*: At that moment, did he have a good reason to fear for his life? However, in all of these encounters between a young black man and a person with a gun (usually a white man in some sort of security role), the young black man is held accountable at every moment. One movement that can be construed as reaching for a waistband, and the young black man can be shot. The white man with the gun, however, only has to account for one moment, not the totality of the situation. It’s only the young black man whose fate is in the balance for every moment of the encounter.
Now consider a different scenario: A young white woman, a high school athlete, is walking down the street at night, talking on her phone. She sees a large, strange man in a car following her. Eventually, she has enough of this, so she flees to a place where he cannot follow in a vehicle. Confirming her worst suspicions, he follows her on foot. So, being young and athletic (and, being young and panicked, perhaps not possessed of the best judgment) she hides, gets a drop on her pursuer, and starts punching him. If he drew a gun on her, do we have any doubt what the outcome would be?
Stepping away from the hypothetical, it may very well be that at the critical moment of the real incident there will be reasonable doubt as to whether the legally-admissible evidence establishes all of the necessary elements of a criminal charge. So be it. However, we have a problem when we keep having these sorts of incidents in which one party’s life is in constant jeopardy and the other only has to justify himself for one moment. We need to think about these encounters, and think about the responsibilities of the man with a gun.
And, on that note, I’m off to celebrate the Roman Empire’s failed attempt on the life of Issa Bin Allah. Remember, he may not have gotten judicial process, but he did get a due process, and I salute the brave centurions in uniform.
*I am paraphrasing my understanding of the law; this is not intended as a literal rendering of the legal standard. Void where prohibited. No purchase necessary.