Zimmerman trial, a few comments

[drwex]

This is social politics. Enter as you please.

I am disappointed, but not surprised, by the verdict. I think it was a huge mistake to try and get him on second-degree murder, and it gave the jury an out they should not have had. I believe if the government had gone directly for manslaughter they could have gotten it.

I am slightly surprised that Florida's Stand Your Ground clause played such a minor role in the trial or verdict compared to the glare of attention initially focused on it. I happen to think SYG clauses are a terrible idea, but this trial doesn't give us evidence for that one way or another.

I was surprised that Florida allows a major crime case to be heard by a 6-person jury. There are very few states that allow this and while I see the value in smaller juries for minor issues and I agree it's harder to seat and sequester a 12-person jury (plus alternates) I think it's a reform that Florida needs. It's just too easy to get unrepresentative groups of 6 and too easy for a group that small not to have enough variety of opinions and views going into deliberations. Yes, contrary to my generally cynical nature, I'm mostly of the belief that juries are a good idea in non-technical cases. For cases involving novel technology or complex science I'm more fond of a judge+special master model, but that's aside.

There is no way that the DOJ is going to charge Zimmerman with a civil rights/federal violation. It's harder to prove that than to prove the manslaughter charge he was acquitted on. A much more likely next step would be for Martin's family to file a civil wrongful death suit in which the standard of proof is considerably lower.

Comments

[melebeth]

Actually, the SYG law was a component of the jury instructions, and it may well have influenced the jury's decision. (So said the trial consultant on On Point.)

[drwex]

It may well have. I imagine we'll get the usual round of juror interviews shortly. But from all the coverage I've read, SYG is not even mentioned. It was, you may recall, the cause celebre for months pre-trial. The comparison is striking, to me.

[drwex]

On further reflection I've edited the wording of the original post to match more closely my intended meaning. Thank you.

[wotw]

SYG gives immunity against civil suits and, from what the lawyers tell me, would probably get any civil suit thrown out right from the beginning.

[drwex]

The SYG law, if found applicable, can immunize a defendant, which would result in the judge throwing out a state civil case as you say. But that requires a ruling; it does not preempt such suits, and I believe Martin's family lawyers would have the opportunity to argue that SYG is not applicable, based on Zimmerman's admitted behavior of pursuing Martin. As I'm sure your lawyer friends will tell you, the law says what the judge decides it says.

As I mentioned to Melebeth above, what I believe the criminal verdict says is "the state did not produce enough evidence to convict Zimmerman on the listed charges beyond a reasonable doubt" not "we think Zimmerman's did it, but his act is covered by SYG." It's quite possible to be cleared of a charge of manslaughter based on evidence of self-defense without invoking SYG. But this is getting into the intricacies of state law in which I'm not even pretending to be an expert. That's why I labeled the post "politics" rather than "law" *grin*

[drwex]

See also this NY Times column discussing the (lack of) role for SYG in the defense, also highlighting prosecution case errors: http://www.nytimes.com/2013/07/15/us/in-zimmerman-case-self-defense-was-hard-to-topple.html?pagewanted=all&_r=0