OK, I know there is no need to tell you who Trayvon Martin is or why his case is getting all this attention, so let me jump right in to the issue as I see it. Yes, Florida has an absurd self-defense law when it states that you can use deadly physical force without having to retreat. Just to be clear, in NY the only time you don’t have to retreat before using deadly physical force is when you are in your home. And yes, it has absurdly easy permit requirements to allow you to carry a concealed weapon. In NY, it would be easier to obtain a healthy hot dog from a street vendor than get a concealed carry permit.
But the issue is why was it determined on the street and in the precinct that George Zimmerman (the shooter) had a complete defense to the crime? Self defense is an affirmative defense which means the burden is on the defendant to prove he was justified in killing the decedent. Once he presents sufficient evidence of that, the burden then shifts back to the prosecution to disprove justification beyond a reasonable doubt.
So why wasn’t he arrested and then allowed to have his day in court and prove whatever defense he wanted to prove? There was obviously sufficient probable cause to arrest him for shooting Trayvon Martin and then placing the case in the hands of the prosecutor, his defense attorney and the judge and jury. I don’t know that young, Black, hoodied, Trayvon Martin would have gotten the same courtesy.
A special prosecutor has been appointed. Part of the investigation must be examining why George Zimmerman was cut loose. That’s the first central issue in this horrible event.