Zenitha Prince

Blacks Who "Stand Their Ground" Are Often Imprisoned

The recent acquittal of neighborhood watchman George Zimmerman in the shooting death of 17-year-old unarmed Trayvon Martin has led to intense scrutiny of Florida’s ‘Stand Your Ground’ law, which hung over the Zimmerman trial along with similar “no retreat” self-defense laws, and their impact on people of color.

“I think the Trayvon Martin case highlighted the racial inequalities that exist in American society,” said Brendan Fischer, general counsel of the Center for Media and Democracy. “It is a symbol of how the American justice system devalues the lives of people of color. [And], ‘Stand Your Ground’ has embedded a lot of these injustices into the system. Statistics have shown its application has been anything but equitable.”

Supported by the National Rifle Association, “Stand Your Ground” was passed by the Florida legislature in 2005. The measure turned age-old self-defense principle on its head by allowing persons to use deadly force to defend themselves, without first trying to retreat, if they have a reasonable belief that they face a threat.

The law’s template was then adopted by the American Legislative Exchange Council, a nonprofit organization made up of corporations, foundations and legislators that advance federalist and conservative public policies, authorities said. Since Florida passed the law, similar measures have been introduced in one form or another in about 30 states, usually those with state legislatures dominated by Republicans.

“That law gives law-and-order activists, right-wingers and vigilantes an arguable basis for defense and opens up a pathway for unjust dispositions of justice because it allows civilians to shoot first and make certain determinations later,” said Dwight Pettit, 67, a renowned Black attorney in Baltimore.

Pettit drew comparisons to police-involved shootings of African Americans when the officers make claims such as “I was in fear for my life,” or “I thought he was reaching for his gun,” and are exonerated. He said he discusses the phenomenon in his soon-to-be-released book Under Color of Law.

“Blacks don’t fare well with these laws at all,” Pettit said. “It’s another lessening of protection for African Americans.”

An analysis conducted by the Tampa Bay Times last year showed that defendants in Florida who employ the “Stand Your Ground” defense are more successful when the victim is Black. In its examination of 200 applicable cases, the Times found that 73 percent of those who killed a Black person were acquitted, compared to 59 percent of those who killed a White.

Similarly, an analysis of Supplemental Homicide Reports submitted by local law enforcement to the FBI between 2005 and 2010 demonstrates that in cases with a Black shooter and a White victim, the rate of justifiable homicide rulings is about 1 percent. However, if the shooter is White and the victim is Black, it is ruled justified in 9.5 percent of cases in non-Stand Your Ground (SYG) states.

In SYG states, the rate is even higher—almost 17 percent, according to John Roman of the Urban Institute.

The trends could partly explain Zimmerman’s verdict, some legal experts said. While his defense team did not invoke the law, Circuit Court Judge Debra Nelson introduced the principle in her instructions to the jury.

“If George Zimmerman was not engaged in an unlawful activity and was attacked in any place where he had a right to be, he had no duty to retreat and had the right to stand his ground and meet force with force, including deadly force, if he reasonably believed that it was necessary to do so to prevent death or great bodily harm to himself or another or to prevent the commission of a forcible felony,” she said in her instructions to the jury of one Hispanic and five White women.

To police officers and prosecutors in Sanford, Fla.—who had initially decided not to charge Zimmerman—and to jurors in the case, Zimmerman’s “fear” of Trayvon Martin, a hoodie-wearing Black teenager, likely appeared to be justified, Fischer said.

“If you have a case like George Zimmerman, who is part White, alleging that a young Black male is a threat to him, a lot of times law enforcement would agree that such as person did [constitute] a threat because of the biases and presumptions about Black males, in particular, which exist in society,” he said.

Conversely, Stand Your Ground laws are less accommodating of Black defendants. Such was the case of successful African-American businessman John McNeil who was found guilty of aggravated assault and felony murder in Georgia in 2006 in connection with the fatal shooting of White contractor Brian Epp. McNeil said Epp threatened him and his son during a hostile encounter after going onto McNeil’s property to confront him. He was released earlier this year on time served.

Similarly, in July 2012, Marissa Alexander, 31, the mother of three, was given a 20-year mandatory sentence for an aggravated assault conviction for firing a warning shot into the air in the garage of her home at her abusive husband. Alexander said the man was moving toward her as she attempted to retreat from him when she fired the shot. He was not injured.

Florida Sen. Gary Siplin (D) said the Alexander case was his motivation to attempt to get the Stand Your Ground law overturned. He was unsuccessful, however, because “there are more Democrats in Florida, but more Republicans [are] in charge and they don’t want to change the law,” he told the AFRO.

Working toward a repeal of the laws would be a positive outcome or response to the verdict in the George Zimmerman case, Fischer said.

“People have to vote and elect legislators that would support more just laws that protect the rights of all people instead of just a few,” he said.

In the meantime, many officials are vowing to examine the laws and work toward their repeal, if necessary.

“It’s time to question laws that senselessly expand the concept of self-defense and sow dangerous conflict in our neighborhoods,” U.S. Attorney General Eric Holder said in a speech to the NAACP on July 16. “By allowing, and perhaps encouraging, violent situations to escalate in public, such laws undermine public safety.”

The Trayvon Martin case “opened up a nationwide inquiry into the appropriateness and efficacy of Stand Your Ground laws,” said Commissioner Michael Yaki, of the U.S. Commission on Civil Rights, who initiated the body's investigation into racial bias in the application of such laws. He said the commission is committed to investigating the laws.

“To honor Trayvon and his family, we will continue this inquiry with resolve and renewed purpose,” Yaki said.

Obama-Hillary Battle Hits the Potomac Primaries

Ryan Cooper, 23, moved through the crowd of about 75 people gathered early this morning in the unfinished office space in Largo, Md., which for the next week would be the Obama '08 headquarters in Maryland.

He handed out name and address lists, maps, pens and shiny-new pamphlets, a captain arming troops for what has become a major battle in the war over the Democratic nomination for president.

"Our goal is three fold," he told the volunteers who had come to canvass neighborhoods in Prince George's County. "Remind people to vote in the Maryland primary on Feb. 12; if they're already supporting the senator, ask them to volunteer; and if they don't know, tell them about Sen. (Barack) Obama."A1 PotomacPrimaries.JPG

The presence in Maryland of the former University of Maryland student and Obama campaign organizer, part of the team who helped Obama rout his opponents in South Carolina, was one of many signs that the battleground for the United States presidency had shifted to the Mid-Atlantic.

With Sen. Hillary Clinton, D-N.Y., and Obama, D-Ill., coming out of the avalanche of votes on Super Tuesday near even, all eyes have turned to the "Potomac Primaries," the Feb. 12 primary elections in Virginia, Maryland and Washington, D.C.

Both candidates have trumpeted endorsements and campaign operatives are planning appearances and have dispatched teams of paid staff and volunteers.

"This is a really tight race," said Candice Tolliver, an Obama campaign spokeswoman.

"So every delegate counts, every voter counts, every state counts."

The senator's campaign is already running three different ads in the two states and the district, one featuring Caroline Kennedy, daughter of former President John Kennedy, who endorsed Obama last week, and the others showing snippets of the senator's speeches on the campaign trail. The campaign is also targeting Latino voters through its Maryland Latinos for Obama initiative, which was launched Feb. 4. But most of the campaign involves volunteers canvassing neighborhoods and holding house parties and rallies, Tolliver said.

"The blueprint for the rest of the country is the blueprint we're following here," she said. "It's a bottom-up strategy; we're empowering people in their communities to act as agents of change and ambassadors of Sen. Obama," she said. "It's really working for us on the ground."

With 238 delegates up for grabs, the triumvirate is an attractive prize, especially for Obama.

"He moves into Maryland, D.C. and Virginia in a really strong position," said Larry Sabato, director of the Center for Politics at the University of Virginia.

"All three would vote for him."

Obama has already garnered some major endorsements, including, Washington Mayor Adrian Fenty, Maryland's Comptroller Peter Franchot, Attorney General Doug Gansler and Maryland Rep. Elijah Cummings; Virginia's Gov. Timothy Kaine, Richmond Mayor Doug Wilder, U.S. Rep. Bobby Scott and more recently U.S. Rep. Rick Boucher, who represents the coal mining counties of Southwest Virginia, where the highest percentage -- 94 percent -- of white voters are located.

A strong African-American voter base in the three jurisdictions, particularly in Prince George's County, also bodes well for Obama, Sabato said, as does his popularity among young people like University of Maryland student Wanika Fisher, who signed up as a volunteer.

"I'm a big fan," Fisher, 19, said. "I really believe he is for the people and is willing to make a difference."

Marc Singer, 35, a professor of English at Howard University, who is white, said he likes Obama because he "brings new ideas."

"I also like the fact that he showed strong and early opposition to the war in Iraq," he said.

Still, analysts say, the outcome of the primaries is not set in stone; Clinton, too, has her support in the area.

"It really seems to be split down the middle on par with the nation, maybe a little more in favor of Obama but not overly," said D.C. Democratic Party spokesman David Meadows. Sabato said said the race is hard to judge because there are contradictory trends.

"The electorate in Virginia and Maryland tends to be highly educated and affluent, and they lean toward Obama, [and] he's been attracting independents, but women comprise the majority of the electorate and they've been supporting Clinton."

Matthew Crenson, professor emeritus of political science at Johns Hopkins, said, however, that Democrats in the Washington area are more institutional and would identify with Clinton.

"Democrats in the Washington suburbs show an inclination to vote for Clinton, because they represent establishment -- institutional employees like government workers and policy wonks," Crenson said. "That's what Hillary is while Obama is more inspirational."

Meg Ferguson, a government lawyer, a Maryland for Hillary volunteer and self-described "policy wonk," said she supports Hillary because of her experience and her strength.

"I support Hillary because I admire what she's done in her career," the Baltimore County resident said. "It wasn't obvious that she would win the Senate race and it wasn't obvious that she would be a successful senator, [but] she got things done for her constituents," "Hillary will go and fight for us."

Ferguson and other volunteers, she said, has been working since last August, canvassing neighborhoods, distributing campaign material and working phone banks.

And Clinton also has more high profile supporters, including Maryland Gov. Martin O'Malley, who will host several events for her; Prince George's County Executive John Johnson and Sen. Barbara Mikulski, D-Md., national chair of the Hillary 2008 campaign, who led about 50 volunteers in a mini-rally in Baltimore over the weekend.

"This election is not about gender, it's about an agenda," Mikulski said in a statement. "When we put Hillary in the Oval Office, she will get us back on the right track, restoring our national honor and repairing friendships around the world."

Whatever their choices, Democratic voters in the area agree that they are proud their vote will make a significant impact on this year's election.

"We're excited," Meadows said. "It's good to know the votes of the residents of the District of Columbia will make a difference in selecting the next president."

BRAND NEW STORIES

Don't Sit on the Sidelines of History. Join Alternet All Access and Go Ad-Free. Support Honest Journalism.