Trayvon Martin was murdered last month, but this week the case gained national attention. Martin, an African-American teenager, was gunned down by George Zimmerman, an individual who identifies as a white male. The controversy in the case involves not only race: Zimmerman apparently left his car, stalked the youth, because he thought Martin looked suspicious and “out of place,” and gunned him down. Zimmerman’s supporters claim that had Trayvon—who was on his way back to a family member’s home, carrying a pack of Skittles and ice tea—answered Zimmerman by identifying himself and explaining why he was in the neighborhood, this tragedy might have been averted. But, there is no duty to explain oneself while walking down the street. As a constitutional matter, individuals need not answer the police: You have the right to remain silent.
But the case also brings into question a self-defense policy known as “Stand Your Ground,” which allows for an individual to defend himself or herself in cases of imminent threat of harm. What makes this case controversial is that one need not be in actual danger, but simply feel it—whether that is rational or not.
Professor Song Richardson, one of the nation’s leading criminal law experts, says that cognitive bias or the “cascade of suspicion” may have been at play in this case. According to her, “waves of psychological errors ... can warp the perception of otherwise reasonable individuals.” In studies conducted by her co-author, Professor Philip Atiba Goff, startling insights are revealed. For example, “merely thinking about crime causes individuals to attend to black male faces and ignore white ones—a kind of subconscious racial profiling,” may occur.
Indeed, Newt Gingrich recently commented that Martin’s death was not a case of “stand your own ground. [But a] chase your own ground.” So far, that seems the most well-put assessment coming from any of the presidential candidates. The White House first issued a statement through Jay Carney, its press secretary: “Our thoughts and prayers go out to Trayvon Martin’s family. But obviously we’re not going to wade into a local law-enforcement matter.” A day or so later, the President gave the matter some introspection in a Rose Garden speech, “When I think about this boy, I think about my own kids...If I had a son, he’d look like Trayvon.” His comments were more measured, but no less passionate than in 2009, when he characterized Cambridge police officers as having “acted stupidly” in the arrest of Harvard professor, Henry Louis Gates for trying to get into his own home. A video of Obama’s remarks can be found here.
Part of the local community’s outrage in this case, though, involves the fact that police did not conduct a background check on Zimmerman, but they did on the dead youth. As well, Zimmerman was never arrested. Police initially claimed that his actions fell within the allowable limits of the Stand Your Ground Law. However, if that’s the case, the law would allow a male stalker to gun down any woman whom he claims seemed “threatening.” Any number of troubling scenarios can be imagined that would lead to police exoneration of killers either acting on irrational and unfounded fear or manipulating the law by “claiming” fear if this case stands as precedent for permissible conduct. A broad reading of the statute could lead to problematic results, not the least of which is encouraging vigilantism or a shoot first and ask questions later mentality.
Indeed, the 911 tapes provide an eerie prelude to the murder as Zimmerman is heard referring to “those people,” as “assholes” who “always get away with it.” On enhanced audio it appears that he uses an expletive followed by a racial slur: “f---ing coons.” In the moments before the shooting, police caution Zimmerman not to leave his car, he does so anyway. Zimmerman disregards the police warning, taking his gun, following the boy, and later killing him. In a second 911 call from a neighbor, Martin’s last words can be heard as he screams for help.
For mothers of black children, the case raises concerns. What are they to tell their children? As one of my colleagues asked, how is she—a white mother—to explain this case to her black daughters? How does one become less threatening than a kid with a pack of candy? In other words, how do they protect their children? After all, what made Trayvon “look dangerous”? He was simply carrying a pack of Skittles and a can of ice tea, dressed as most teenagers in sneakers, jeans, and a hoodie. Sadly, had Zimmerman stalked and killed someone’s beloved dog, it might have been easier for local police to disentangle the irrationality of his conduct.
