Last month, the killing of 17-year-old Treyvon Martin in Sanford, Fla. caused a national uproar over the laws that protect the man who murdered the teenager. Martin was shot on his way home from a convenience store without reason by George Zimmerman, a self-appointed neighborhood watch leader. The teenager was armed with only iced tea and candy, yet Zimmerman may escape criminal charges for the murder. In fact, due to Florida’s twisted self-defense laws, Zimmerman wasn’t even arrested after he killed Martin.
Zimmerman may be protected by Florida’s Stand Your Ground law—known as the Shoot First law by critics—which is an extension of the self-defense Castle Doctrine. The Castle Doctrine, which has been adopted by many states including Wisconsin, gets its name from the old saying, “An Englishman’s home is his castle.” It allows the owner of any motor vehicle, home, business, or other place of residence to use deadly force against any person, armed or unarmed, who forcibly or unlawfully enters any of those places. In many states Zimmerman would have to be in one of these places to shoot at Martin. However, in Florida, the Castle Doctrine is extended to the entire state by the Stand Your Ground law. This allows citizens to use deadly violence against any person they believe could cause them harm without attempting to escape.
Evidence is now surfacing which could prove Zimmerman attacked the teenager because of his race. Tapes of the 911 call reveal Zimmerman uttered a racial slur and prove he was not attacked by Martin. In fact, Zimmerman chased Martin after being explicitly told to stay where he was by authorities. This tears a massive hole in Zimmerman’s story because in a case of self-defense, one would generally not pursue his attacker.
Obviously, self-defense laws are necessary, but the ambiguity in this legislation poses risks for people everywhere. If a person can be chased, confronted and shot for simply walking home after sunset, changes must be made. If Zimmerman had not maintained that phone call with the 911 dispatcher throughout the encounter, there would be no proof of the crime he committed. When there are no witnesses and no cameras, a person can get away with murder by claiming self-defense. In the words of Daniel Vice, senior attorney for Brady Center to Prevent Gun Violence, “All you have to say is that you reasonably believed you were threatened, and the only person who can dispute that is the person you have just killed.”
By this logic, Zimmerman may have expected amnesty from the crime. After all, since the institution of the Stand Your Ground law, the number of justifiable homicides in Florida has increased three fold. The outcome of this case will be a precedent for those to come. It is set to go the Seminole County Grand Jury on Tuesday, April 10. The case has also received attention from the Justice Department and the FBI with regard to civil rights and Zimmerman’s guilt.
If the government is smart, a change in legislation will surely ensue in Florida and in other states with similar laws. Wisconsin lawmakers and lobbyists need to consider the impact of such laws and the potential crimes they permit.
The Castle Doctrine was only just adopted in Wisconsin last December. In light of cases like the one in Florida, it is clear that this new law needs review. While our version of the Castle Doctrine is a bit stricter than Florida’s, there is still the possibility of misunderstandings and abuse of the law. Therefore, at the very least, an amendment should be made to ensure the safety of innocent people. As it is, a person need not make an attempt to retreat or even be attacked before they harm or kill another human being. An accidental trespass across someone’s lawn could turn into a case much like Martin’s in our very own state, with no repercussions for the offender. Though it is the people’s right to bear arms, the manner in which they use those arms should be strictly regulated for the safety of all.
Kate is a freshman majoring in English and Spanish. Do you think Wisconsin is headed in the same direction as Florida? Please send all feedback to opinion@dailycardinal.com.
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