Strap yourself in because this is a long one.
So here we go again, a local criminal incident becomes national news, for some reason and thus all of the world pretends to know something that it cannot know.
We saw this before in the Duke non-rape case. Those Duke lacrosse players were accused of raping that woman and somehow people just knew that they were guilty. I remembered wondering immediately why they were so sure. Hopefully they at least read a few newspaper accounts, but they didn’t look in the alleged victim’s eyes as she described what happened to her, or in the eyes of the accused as they denied it. So for me the only logical position was to be agnostic—maybe they did, maybe they didn’t, we’ll have to wait and see. But these people were somehow sure. There was no word for it but prejudice. As I wrote in a different context:
To pre-judge a person is to literally “judge before.” Before what? Before it is appropriate, before you have all the facts. Of course normally we think of prejudice as being based on specific traits. Racial prejudice is to judge a man by his skin color, rather than getting enough facts to judge him as an individual. But it can be based on anything.
And there was definitely some kind of premature judgment in that case because eventually it was revealed that one of the accused was on video at an ATM at the time he was supposedly committing rape. And after that the entire case fell apart.
What was the prejudice there? Well, besides the Hatfield and McCoy feud between alumni of Duke and Carolina, you have to think there was leftover jock resentment, and also part of the calculus is that it fit the sad historical pattern of black women being victimized by white men, and the historical concern that her rights would not be vindicated because she was black. These are valid to an extent, but just because historically African American women have been victimized by white men, didn’t mean that those particular white men did so; and not only did the local authorities take her claims of rape seriously, but Nifong was so zealous in his prosecution that he ended up violating ethical rules and being disbarred.
And we see this in other instances, where reporters sitting there with the bare text of transcripts decide that a person convicted by a jury of their peers twenty years ago was absolutely definitely innocent, even though an appropriately skeptical person standing from afar wonders how they can be so sure when they never looked the witnesses in the eye. And certainly the chronic failure by reporters to understand the law itself only compounds the error.
So we have another case of a racially charged incident and everyone pretends to know what happened. I have looked at the news reports and at this point in time, if you cut through all the clutter one simple truth emerges: at the crucial moment where the law decides whether George Zimmerman committed unlawful murder or justifiable homicide under the principle of self-defense, there is only one living witness: George Zimmerman.
For instance, there are numerous 911 recordings aggregated at this post over at Mother Jones. It and the reportage generally puts certain facts beyond dispute. George Zimmerman was doing some unofficial “neighborhood watch” work when he became concerned that Trayvon Martin might have been engaged in criminal conduct. I will assume his family is correct in insisting that he wasn’t engaged in criminal conduct—and to do so would be out of his character. And there is certainly no dispute that Martin was unarmed, although he had a bag of skittles and an Ice Tea on him. So Mr. Zimmerman called the police and as he called them pursued Mr. Martin. Then at some point the call ended and... some kind of confrontation happened and Mr. Martin ended up dead. So it seems an innocent man died. And thus we get this push across the country for Zimmerman to be prosecuted.
But let’s clear out some myths, first. First, people always seem to take it as a given that it is self-evidently murder to kill an unarmed man. That is not the case. The lawfulness of your conduct is not determined by whether the defendant is actually in danger, but whether the defendant is in reasonable fear.
[Please note this is not legal advice. This is only a discussion of the law for the purpose of discussing the merits of the law so we as citizens can decide whether to change the law. For legal advice, you need to hire your own lawyer. I am a lawyer but I am not your lawyer.]


