Here is my retro take on this Trayvon Martin tragedy taking into consideration both Stand Your Ground statute in FL coupled with civil rights issues. Whether either are relevant is subject to argumentation.
I am not a criminal law expert. However, in law school I did take criminal law giving me some basic background. It is my understanding the taking of another human life involves both criminal and civil issues. Manslaughter is the taking of another human life without a huge elaboration on the degrees or mental state of taking another person's life.
So to me, I am expecting to see charges of manslaughter raised against Zimmerman. Zimmerman naturally did not intend to take Trayvon's life. But, sadly, he did because he made a decision that resulted in the altercation that caused a life to be taken.
First, Zimmerman ignored directions to stand down from the Sanford Police Dispatch. He did not.
Second, I understand as best one can, why this is a a major civil rights issue. Zimmerman's acts clearly are outside the intent of the Florida Stand Your Ground laws. He had the opportuntity to retreat and was told to do so by the Sanford Police Department. Zimmerman ignore that direction.
Third, had Zimmerman done as told, a human life would not have been lost. So, Zimmerman had a decision to make-he made it-and a human life was lost because of it.
Fourth, as a nation, we do not want to see others engaged in vigilante justice. So, at least Zimmerman should be held accountable and charged at a minimum with manslaughter.
Fifth, Zimmerman's situation reminds me of a murder case in Wichita Kansas several years ago. It was not a murder based on race as some in the media wanted to paint it-it was a murder caused during a robbery without regard to one's skin color. Same situation applies here-Zimmerman may have had preconceptions related to skin color and race, but that is not as relevant as to what happened here.
Zimmerman acted in direct contradiction to the instructions he was given by the Sanford Police to stand down. He did not. To me, this is where Zimmerman made the wrong and tragic decision and he is responsible for it. He clearly erred here.
Like most Americans, that is my humble take on this. This is a tragedy as defined. There are no winners here. This situation requires a modicum of justice to resolve this tragic situation ferom being repeated all over America; which will hopefully lead to a clear intent of Florida's Stand Your Ground statute be amended to provide clarification, as followed by several other states.
I am not Trayvon Martin. I am merely a candidate running for United States Congress that wants to make our nation a better place.
Tuesday, April 10, 2012
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Anyone that would like to post solutions to make America a better nation as a guest blog author; or has solutions to fix some of the problems in America, send me an essay to tscherer4@kc.rr.com. Also known as Thomas E. Scherer, your better candidate for United States Congress
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