What Exactly is George Zimmerman Guilty of?
The
trial of George Zimmerman is about half-way though and the six woman
jury is gong to have to decide what George is guilty of and if
what he is guilty of deserves any time in prison. It is an odd case in
that there is no disputing the man on trial killed someone, but there
are two questions which make the final verdict a tough one; did George
shoot Trayvon Martin in self-defense and how responsible was George for
instigating the incident in question?
Both
of these questions revolve around the definition of self-defense and
one's right to resort to lethal force. Basically it comes down to this:
you have the right to defend yourself from injury if you are being
attacked (the key words here are "being attacked" and not that your
opponent is fighting back after you attacked him nor are the two of you
brawling with equal participation) and you have the right to resort to
lethal force if you are in immediate danger of extreme injury or death
(and you can't shoot someone because you start losing a fight; you must
have conceded and your opponent must be continuing to beat you up). I
think anyone listens to this 911 call would easily conclude that George Zimmerman was screaming in terror and felt he was about to be killed.
Let
me pause for a minute and discuss whether that is Trayvon or George
screaming "Help me!" in the 911 call. Even if we ignore George's statement
about how Trayvon punched him in the nose, knocked him down to the
pavement, mounted him and started doing an MMA "ground and pound," the
scenario one hears in the background of the 911 call has someone
repeatedly screaming for help which would be the guy who is losing the
fight. George Zimmerman clearly was not winning the battle since Trayvon
had no injuries other than the bullet wound. A person who is punching
the daylights out of someone or smashing their head into the pavement is
not going to be screaming "Help me!" at the same time. Only someone
needing a referee to stop the fight is going to be screaming for someone
to save him and that someone would be George Zimmerman.
So,
George passes the first test of rightful self-defense; he really was on
the receiving end of a brutal assault and he thought he was going to
die. It is interesting to note that one hears a bunch of screams in the
tape so it is clear that George didn't get punched once and then blow
away his opponent. This meant Trayvon had ample time to stop beating up
George. George's screams also show that Trayvon knew George was
terrified and he was not fighting back and, therefore, continuing to
attack George is nothing but straight-up assault.
However,
one thing that has always troubled me; George Zimmerman's cop-wanna-be
attitude and some of his behaviors while in jail and in court. George
has issues and one of them is taking on the role of a cop, an armed cop,
while patrolling the neighborhood. Clearly, the dude can't fight for
shit and following tougher, younger, possibly violent men when you are a
wuss and come off like a wuss can only invite trouble. The Guardian
Angels patrol neighborhoods, too, but these are usually tough young men
and women who don't carry firearms. When they approach someone they
think might be dangerous, they do it with the full realization they are
putting their life on the line and may have to protect themselves with
their fists. If a fight ensues, likely both will walk away, albeit with
some damage. And, if you aren't going to carry a gun, you better go out
on a group patrol or be a pretty big, tough dude.
George
Zimmerman, on the other hand, brought a gun because he felt unsafe,
probably because he knew he would lose if he ended up in a fight with
anyone. Since George obviously hasn't spent much time in a gym, he
quickly did end up on not being able to defend himself with his fists
after Trayvon hit him, leaving his only resort to pull his weapon and
shoot. Of course, Trayvon clearly went on far too long fighting a man
who was no match for him and you do take your chances that the man down
is going to pull out the only weapon that will work for him...in this
case... a gun. George says that he only pulled the gun when he realized
Trevon was going for it, which actually gives George even more right to
pull the weapon and fire. Considering how long the screaming went on, I
would have to give George credit for holding off for as long as he did
(assuming the reason wasn't that he simply couldn't get to the gun).
So,
I conclude that George Zimmerman legally shot Trayvon Martin at the
moment he pulled the trigger, but, I still feel like he deserves some
penalty for instigating the confrontation, only because anyone carrying a
weapon (except the police) should avoid trouble. George, carrying a gun
on patrol bothers me because Trayvon might not have retaliated for
having his presence be questioned if it had been a police officer. Doing
so while armed and without a badge raises the level of risk for both
parties. However, manslaughter does not really work in this case and the
sentence would likely be way too high.
It
is a difficult case for six untrained jurors to decide (and most of you
folks know I dislike the jury system). I don't know if I could fault
them for going any direction with their verdict because there the
beginning of the exact confrontation is unknown although evidence seems
to indicate Trayvon circled around and then sucker punched Zimmerman
which would mean at that point Trayvon was the aggressor and the
attacker. I wish them the best in trying to come up with a satisfactory
conclusion and I hope the public will not burst out in anger regardless
of which way these jurors go. Sometimes the law cannot so clearly
address a complicated scenario in which both parties deserves some of
the blame for the outcome, although Trayvon Martin actually is
responsible for the criminal action.
Criminal Profiler Pat BrownJuly 1, 2013
6 comments:
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I disagree with this train of thought on the self-defense. Just bc someone gets the upper hand in a fight doesn't mean the other person didn't attack them first. Ignoring the Help me! It is obvious by the calls G. Z made and what he was told he is the one who confronted Trayvon Martin. I know this is being compared to OJ being that a lot of white people and hispanics are standing behind G.Z. while blacks are standing behind Justice for T.M.,
Not hinting at racism just quoting the majority of the media on that, media,media,media. I'm too young to remember the OJ trial anyway.
for perspective I'm a 23 yr old white female from SC,USA
and I'm white.
I can honestly say that my whole families white and we think that G.Z. is guilty as sin.
So no I don't believe G.Z. passes your first test, based on all the evidence that has been released to the public. even while ignoring the help me, so no, in my mind G.Z. fails your first test.
I have read all of your books and a vast amount of your blog but I disagree with you on this one.
However on a different subject I agree with you on Madeleine McCann's parents guilt.
and on the Ramsey's innocence in the Jon Benett Ramsey Case.
I wish they would do a directed verdict, because due to the manslaughter charge being requested by prosecution and allowed by the judge, the jurors, who will not be allowed to know this charge still can carry a 30-year penalty, will likely think they're doing Zimmerman a favor by going for it.
I'm most troubled by the city attorney and mayor's actions and by the testimony of former Police Chief Lee who said it wasn't a case that merited an arrest in his judgment but that he was forced to make an arrest by the mayor's office and then the police excluded from Martin's family and lawyers having a private meeting in the mayor's office to play the tape, which then destroyed what might have been further evidence if it had been done individually. And then the subsequent firing of Chief Lee.
It troubles me that racial outcry can cause something to go to trial that shouldn't have. No matter what the outcome, Zimmerman will have to live with the results.
TM didn't know who the person following him was or what his intentions were. GZ had a chance to clarify when supposedly TM asked him "do you have a problem?" Instead, GZ answered that he didn't have a problem. GZ might have tried to hold him at gunpoint to prevent him from getting away and TM panicked and tried to fight for his life. It surprises me how blindly people believe GZ's (trying to save his butt from prison) account.
AGREED all around MS. Brown. I think he should have received at least a manslaughter charge.
The jury system is a joke as well.
A "jury of peers" usually equates to people with little to no legal knowledge other than the nonsense they see on CSI or some other highly dramatized/fictionalized t.v. show which if anything makes them more biased than objective.
A Jury, to be properly functioning and fair, should consist of various individuals from legal, law enforcement, and forensic science fields who all analyze the case and come to a conclusion of guilt based on objective observations.
The current jury system is too easy to manipulate. Fair article.
I live in Florida and have been the victim of a crime. My house was broken into in broad daylight and my computer was stolen. Crime is bad here. Every week someone's car is broken into or vandalized. And I live in a gated community. I might add I have lived all over the US and Florida is the worst for this sort of crime. I wish I had George Zimmerman living in my neighborhood. If I saw a teen boy looking into windows of townhouses, I would say something also. I think there's just one less thug in the world and that's a good thing.
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