Even though the measure was not employed, it still became the target of racially-charged questions, enough so to prompt a look at if SYG laws are failing to protect all citizens equally.
The case also prompted the Tampa Bay Times to conduct an extensive study of nearly 200 cases relating to SYG, and found inconsistencies in rulings related to the law as well as racial divides. The paper said defendants using SYG are more likely to succeed if the deceased is black, with 73% of those killing a black person getting off compared to 59% of those who killed a white person.
The National Association for the Advancement of Colored People issued an open letter asking the state to “passionately pursue justice,” and also raised the issue of race.
“In the weeks since this tragedy, evidence of racial bias, investigative mishaps, and the true nature of the circumstances surrounding Trayvon’s killing have shaken us to the core,” the letter reads. “The routine mishandling of similar cases by local police, prosecutors and judges has eroded the Sanford community’s trust in the justice system’s ability and willingness to do what is right and just.”
The U.S. Commission of Civil Rights, an eight member panel comprised of four Democrats, two Republicans, and two independents appointed by Congress and the President, is reportedly going to be looking at race with respect to Stand Your Ground Laws.
“Perhaps the most divisive and inflammatory of those questions is whether racial bias skews our justice system through’ Stand Your Ground’ (SYG) laws that shield those who claim self-defense,” according to a USCCR document discussing the special investigation of SYG and racial bias, located on scribd.com.
“The shooting of Trayvon Martin has raised this troubling question to nation’s attention, but neither the trial of Mr. Zimmerman nor broader debates about SYG laws in Florida and elsewhere can be expected to provide a thoughtful answer,” it reads.
A spokesman for the USCCR could not comment on when the inquiry would begin and there is no mention of it on August’s agenda.
George Dekle, a University of Florida Law professor and the director of the school’s Criminal Prosecution Clinic, said the defense could have opted to try an SYG immunity hearing, but likely opted not to because the burden of proof at such a hearing is stricter than what Zimmerman would face during trial.
Some speculate the defense was planning to try for the hearing after the trial, but before an appeal, while others said the defense was trying to avoid having Zimmerman on the stand.
“The Stand Your Ground motion was abandoned by the defense because the burden of proof in such a hearing is on the defense,” he said. “At an SYG hearing Zimmerman would have to prove he acted in self-defense. At trial he only needs to raise a reasonable doubt about whether he acted in self-defense.
Dekle said there would have been no requirement for Zimmerman to take the stand during an SYG hearing, but it would have been odd if he had not. “How can you prove you were in fear if you don’t get on the stand and say so?” Dekle said. “If the killing occurred in your home, you have less need to testify because in your home you are presumed to be in fear.”
Dan Sabbatino is an award winning journalist whose accolades include a New York Press Association award for a series of articles he wrote dealing with a small upstate town’s battle over the implications of letting a “big-box” retailer locate within its borders. He has worked as a reporter and editor since 2007 primarily covering state and local politics for a number of Capital Region publications, including The Legislative Gazette.