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View Full Version : Zimmerman - what public policy do we want?



CitizenBBN
07-13-2013, 01:09 PM
I see a fairly simple choice in which of two public policies we want for our nation based on this case, and moreover based on the assumptions having to be made in this case.

Those who think Zimmerman is innocent by reason of self defense see the physical fight instigator as the responsible party, and presumes Martin threw the first punch. Let's accept that is accurate for now for policy reasons.

Those who think Zimmerman is guilty of something see Zimmerman confronting Martin as the key mistake that led to a death, and seems to presume that Zimmerman needed to dial 911 as he did and then keep his butt in the truck and let the police handle it. I think that's a fair one sentence summary.

With the assumptions entered, what that means is we have two competing public policies how we want the legal assumptions to work:

1) Zimmerman had a right to be there as much as Martin, had a right to confront him verbally and ask about what he was doing, and it was up to Martin to not turn it to a physical fight and if necessary wait for the police to clear things up or at a minimum to leave the scene without engaging in a fight.

2) Zimmerman caused the problem by confronting someone he thought was acting suspiciously in his neighborhood, so people who see such things should always call the police and take no aggressive actions themselves, even just talking to the person.

Here's my problem with the 2nd position: Do we want to grant a potential criminal sneaking around in a neighborhood the presumption that any non-officer that confronts him is the instigator, and if a death occurs the person who decided to act to protect his neighborhood is guilty of manslaughter for having taken the action of even just trying to talk to the person?

it grants a huge protection to the potentially guilty, and IMO goes down the same mistaken path as the "must retreat" laws of the 70s and 80s that required potential victims to flee their own homes if necessary rather than defend themselves. The Castle Doctrine began reversing that thinking, and it now seems accepted that in your home you don't have to do it, but did Zimmerman have an effective "do not engage" requirement in his own neighborhood upon seeing possible criminal activity?

That's what that position says, and what it does is protect the criminal. Not as obviously as when people sitting in their living room were charged with murder for shooting an intruder, but it operates in the same manner and thinking, that the average American citizen not only has no right to take action on their own to prevent crime but that they have a positive legal requirement to NOT act.

Martin didnt' have to make it a fight, there's no evidence Zimmerman laid a hand on him or otherwise started a struggle. Yes it's true Zimmerman could have started the physical part, we have no witnesses, but based on the chance that it COULD have happened that way do we just say "anyone who gets out of their car and confronts someone is assumed to be committing a reckless act"? b/c that's what that view does, presume that confronting someone you think may be engaging in criminal activity is reckless, and puts you more at risk of the law than the suspected person.

If I leave my office one night and see someone snooping around the house across the street I'm being reckless by walking over and asking what he's doing there? Maybe I am, I imagine I'd think hard against such an act, but would I be legally acting recklessly by definition to do so?

Castle doctrine covers only you in your own home, not even you as a guest in someone else's home in most states, and the reason is b/c as a 3rd party you may not know the facts as well, which means more risk of a misunderstanding of the situation leading to harm. that's the issue here. Had Zimmerman been standing in his home this is a non-issue. What about him on his front porch? Now we extend past his house and yard to his neighborhood, do things change that much?

Maybe they do fwiw, there are good reasons why the law treats acts perpetrated on you or your property different from you being a 3rd party to an act, but this situation begs to me the question of once we leave our property is there an effectively built in retreat requirement?

Just curious how everyone sees this fitting their idea of how people should behave in these situations generally, and what the outcome of that being done at a societal level will be.

BigBlueBrock
07-13-2013, 01:37 PM
Should people be able to confront someone they believe is committing a crime (that isn't on their property) without legal repercussions to themselves? Yes, and the Zimmerman case is why.

Should people actually confront someone they believe is committing a crime, assuming this crime doesn't involve physically harming another human being? No, and oddly enough, the Zimmerman case is why.

dethbylt
07-13-2013, 02:46 PM
I am not sure about the state laws in this case (not being from Florida), but KY law is pretty clear in that you only engage someone with deadly or other force in order to prevent serious physical harm or death. All things being equal, I don't see a reason for Zimmerman to confront the young man in the first place. I say that having an opinion that Martin was up to no good. Zimmerman should have just called the cops and watched Martin from afar. At a minimum, confront him from a distance to let him know you are watching. You should never approach an unknown suspect as a non-LEO unless you are protecting you or your family's lives. Zimmerman could be dead right now because he needlessly escalated the incident.

As to public opinion/policy, I tend to believe that you err on the side of Zimmerman being right for confronting the "bad" guy, but he is still stupid for coming withing arms length of Martin.

KeithKSR
07-13-2013, 08:31 PM
I am not sure about the state laws in this case (not being from Florida), but KY law is pretty clear in that you only engage someone with deadly or other force in order to prevent serious physical harm or death. All things being equal, I don't see a reason for Zimmerman to confront the young man in the first place. I say that having an opinion that Martin was up to no good. Zimmerman should have just called the cops and watched Martin from afar. At a minimum, confront him from a distance to let him know you are watching. You should never approach an unknown suspect as a non-LEO unless you are protecting you or your family's lives. Zimmerman could be dead right now because he needlessly escalated the incident.

As to public opinion/policy, I tend to believe that you err on the side of Zimmerman being right for confronting the "bad" guy, but he is still stupid for coming withing arms length of Martin.

Zimmerman basically did as you described. He left his truck and entered a dark area while trailing Martin, and was hit in the face breaking his nose as a result. Martin spent four minutes waiting on the ambush he would have spent going home if were actually the good kid out for some skittles as the prosecution contends.

Zimmerman did nothing illegal by following Martin. The first illegal act to occur was the Martin assault of Zimmerman. Once the assault began, and continued Florida's stand your ground and self defense laws provide Zimmerman with the legal basis to protect himself against further harm by taking the necessary actions to stop the assault.

Catonahottinroof
07-13-2013, 09:06 PM
Not guilty.

dethbylt
07-13-2013, 09:55 PM
Zimmerman basically did as you described. He left his truck and entered a dark area while trailing Martin, and was hit in the face breaking his nose as a result. Martin spent four minutes waiting on the ambush he would have spent going home if were actually the good kid out for some skittles as the prosecution contends.

Zimmerman did nothing illegal by following Martin. The first illegal act to occur was the Martin assault of Zimmerman. Once the assault began, and continued Florida's stand your ground and self defense laws provide Zimmerman with the legal basis to protect himself against further harm by taking the necessary actions to stop the assault.

I agree that he was within the scope of the law after reading more about the case. I still think he was stupid for not immediately calling the cops and just trying to keep Martin in sight.

I thought he was legally correct but careless in his approach to the situation and person. I *think* justice was served by the not guilty verdict.

Darrell KSR
07-13-2013, 10:19 PM
I thought he was legally correct but careless in his approach to the situation and person. I *think* justice was served by the not guilty verdict.
Me, too.
I think justice was done, but it didn't have to be. I hate it.

Catonahottinroof
07-13-2013, 10:25 PM
And while he's been found not guilty, he will be a target till the day he dies by a few in the community.

CitizenBBN
07-13-2013, 10:31 PM
And while he's been found not guilty, he will be a target till the day he dies by a few in the community.

I imagine George Zimmerman will never again have to worry about Florida law (past the civil issues) b/c he will have to leave the state, change his name and get plastic surgery if he wants to get even a wink of sleep at night for the rest of his life.

UKHistory
07-14-2013, 10:49 AM
Citizen,

I appreciate your well thought out description of the two mindsets on this case.

Valid points. A couple phrases stand out to me and I hate to take it out of context but I copied it below. You said "potentially guilty" and "possible criminal activity".

Potentially guilty or possibly commiting a crime is another way of saying innocent and had not done anything yet. I am potentially guilty of a lot of things as I sit at the table writing.

Martin was walking down the street and was stopped. What happened next is open to interpreation but there was a clear lack of communication.

Walking down a street is not criminal. If the boy had been looking in windows on someone's lawn, breaking glass (like that Harvard professor who broke into his own home) it was one thing.

Sure Zimmerman can stop and talk to him but seriously if someone I don't is asking me questions I am going to be of a mind "who the hell is he to talk me like that".

Both felt threatened. Both felt scared. Had Zimmerman not been armed it might have been Martin who had been the victor and he would have been on trial.


---it grants a huge protection to the potentially guilty, and IMO goes down the same mistaken path as the "must retreat" laws of the 70s and 80s that required potential victims to flee their own homes if necessary rather than defend themselves. The Castle Doctrine began reversing that thinking, and it now seems accepted that in your home you don't have to do it, but did Zimmerman have an effective "do not engage" requirement in his own neighborhood upon seeing possible criminal activity? --

CitizenBBN
07-14-2013, 02:16 PM
History that's fair, but as a matter of policy I see that as how the case falls out even if Martin wasn't doing anything we'd consider suspicious in this case.

IN the next one it could be someone who has walked around a block 5-6 times. They could be casing a place, that's not an uncommon practice for criminals, or they could just be stretching their legs.

Zimmerman was motivated by "possible criminal activity", and what that is and if that's fair will change, but the overall policy assumption of whether Zimmerman can go up and question someone b/c he perceives it is the same for those details within a range. Obviously if Martin is crawling in a window most people would have been more OK with Zimmerman taking action, but the details of the activity will change and be debated case by case, whether the next person to see what he THINKS is suspicious has the right to just question someone (and not be guilty of manslaughter by default if it goes bad) is my question.

IMO to convict Zimmerman we have to conclude that just him taking the action of trying to engage Martin meets a standard of recklessness in and of itself that if a death results subsequently then it is manslaughter. There's no evidence Zimmerman wanted to inflict physical harm so we're down to him taking action against what he PERCEIVED as possible criminal activity being inherently reckless at law. that makes me kinda nervous b/c it says the law is against you if you act as a concerned citizen even if you have no intention to do harm.

So I'm not saying Martin was doing anything wrong, I'm really not, I'm just putting it in Zimmerman's perceptual terms b/c at least in kentucky that's how the law works regarding self defense and in charges like manslaughter. Do we want people to feel the law is "on their side" if they go up to ask someone what they're doing in their neighborhood and they end up having to physically defend themselves, or do we presume the act of going up to talk to them or confront them in any way is inherently reckless and the law will be against them if something bad results.

That's the question I see in this case, at least in terms of policy implications. Personally I like this outcome given the choice (there isn't an ideal "I love this" option for me, just which is less worse), where people can go up and question someone. OK you'll be pissed off about it if you're the one being implicitly accused, I would be too maybe, but that doesn't mean you can start a fight about it. You may just have to put up with the insult and move on. The alternative is to make the People even more dependent on the State for their safety and that of their communities, and given that we know for sure that doesn't work I don't like that choice. it's a policy failure to hope the police can do all the work and keep us all safe.

badrose
07-14-2013, 02:42 PM
Citizen,

I appreciate your well thought out description of the two mindsets on this case.

Valid points. A couple phrases stand out to me and I hate to take it out of context but I copied it below. You said "potentially guilty" and "possible criminal activity".

Potentially guilty or possibly commiting a crime is another way of saying innocent and had not done anything yet. I am potentially guilty of a lot of things as I sit at the table writing.

Martin was walking down the street and was stopped. What happened next is open to interpreation but there was a clear lack of communication.

Walking down a street is not criminal. If the boy had been looking in windows on someone's lawn, breaking glass (like that Harvard professor who broke into his own home) it was one thing.

Sure Zimmerman can stop and talk to him but seriously if someone I don't is asking me questions I am going to be of a mind "who the hell is he to talk me like that".

Both felt threatened. Both felt scared. Had Zimmerman not been armed it might have been Martin who had been the victor and he would have been on trial.


---it grants a huge protection to the potentially guilty, and IMO goes down the same mistaken path as the "must retreat" laws of the 70s and 80s that required potential victims to flee their own homes if necessary rather than defend themselves. The Castle Doctrine began reversing that thinking, and it now seems accepted that in your home you don't have to do it, but did Zimmerman have an effective "do not engage" requirement in his own neighborhood upon seeing possible criminal activity? --

The way I understood the narrative was that he stopped on his own and asked why he was being followed. He could have kept on walking or explained where he'd been and where he was going. At some point he started to run, or at least that's what Zimmerman said on his phone. In the four minutes that followed he could have gone to where he'd intended to go to begin with. But somehow the two became entangled in a fight. Martin was young and at 6'2" probably was faster than the shorter, and overweight, Zimmerman. That they ended up fighting lends itself to wondering what Martin must have been thinking. IMO it's not unreasonable to think that Martin may have thought, "I can take this guy" and proceeded to attempt to carry that out, not knowing Zimmerman had a gun.