As the polarized reactions to the verdict in the Zimmerman trial still simmer, it appears that the issue here was not “stand
your ground” laws or race relations or Second Amendment rights.
It seems that the real issue America must deal with is
the legal definition of manslaughter, which handcuffed the jury in this case
and made it impossible to find George Zimmerman guilty of anything.
The emotionally wrought Juror B29, who said in an
interview that Zimmerman “got away with murder” because of the language of the
law, should have crystallized the issue for the nation. The juror said she was a
holdout during deliberations but succumbed to the majority of the 6-woman jury
because the prosecution’s case failed to prove that Zimmerman “killed him
(Treyvon Martin) intentionally.”
My hang-up with the verdict is this: How can a guy who is
losing a fight but has not sustained any serious injuries fatally shoot his
adversary in the heart at point-blank range and not be found guilty of
anything?
My immediate reaction was that the choices given to the
jury must have been flawed in some way. The language that defines manslaughter,
while it varies from state to state, essentially says that it applies in cases
where a person did not intend to cause death or serious injury, but caused the
death of another through recklessness or criminal negligence.
The Florida manslaughter law, as it was explained to the
jury, requires negligence that results in the death of
another, “without lawful justification.” The jurors took that to mean that
Zimmerman had a lawful right to self-defense, so they could not find him
guilty.
I’m no attorney but it seems to me that in cases where
self-defense is an issue, a proportional response must be a key part of the
law. If you’re defending yourself after suffering a bloody nose and a cut on
the head, a fatal shot to the chest is certainly not a proportional response.
That sounds like manslaughter to me.
For example, couldn’t Zimmerman fire a warning shot or
wound Martin in the shoulder? Maybe all it would have taken to end the
confrontation (assuming one believes Zimmerman’s version of the story) would be
one smack to the side of Martin’s head with the pistol that the defendant
brandished suddenly.
To me, appropriate proportionality should be included in
the language of every state’s manslaughter statute. Maybe Attorney General Eric
Holder should get busy pursuing that task.