J. Neil Schulman
@ Agorist.com
@ Agorist.com
Many of the protesters demanding “Justice for Trayvon” have argued Trayvon Martin was a victim of Florida’s “Stand Your Ground” law because it enables George Zimmerman to claim a right of self-defense using deadly force, with Zimmerman only having to demonstrate he had reasonable fear that if he did not stop Trayvon Martin from continued combat Martin could have inflicted upon him life-threatening or maiming injuries.
Yet if it was any Florida law that made any physical combat between George Zimmerman and Trayvon Martin discriminatory in favor of George Zimmerman, it was Florida’s concealed-carry-weapons licensing law’s minimum age of 21 that denied the 17-year-old Trayvon Martin a right of self-defense with a concealed handgun.
Our laws are schizophrenic on the question of age, and infantalize post-pubescent human beings that thousands of years of human culture — and many cultures around the world today — have regarded as adults.
Trayvon Martin
By age 17 — the age Trayvon Martin was this past February 26, 2012 when he died from George Zimmerman’s fatal gunshot wound — my maternal grandfather, Samuel Lindenbaum, had been working for a living for six years; and my paternal grandfather, Abraham Schulman, had traveled by himself from Russia to the United States then journeyed from New York City to New Orleans, carrying a concealed handgun for protection. At age 16 my own father, Julius Schulman, was a professional musician playing on cruise ships. At age 14 I was regularly selling professional photography to local newspapers in Natick, Massachusetts.
At age 17 Trayvon Martin could not sign binding contracts in his own name, for example, an apartment lease, a purchase agreement for a car, or a credit-card application. He could not live on his own, legally drink alcohol, buy cigarettes, purchase a lottery ticket, marry, vote, or own a firearm and apply for a Florida CCW license. Yet, if the situation had been reversed and Trayvon Martin had killed George Zimmerman, there is virtually no doubt the 6’3″ Trayvon Martin would have been tried in Florida’s criminal courts as an adult.
A society in which a class of individuals has none of the rights of an adult yet at the capricious decision of a judge can be held criminally liable as an adult is a society with a legal underclass as much as the Jim Crow-South where blacks were taxed the same as whites — and subject to the same criminal liabilities — yet could not sit in the front of public-transit buses, use whites-only public restrooms or public-park water fountains, or marry outside their own skin color.
Regardless of how it finally emerges who attacked whom on that chill and rainy evening, 17-year-old Trayvon Martin was denied the right exercised by George Zimmerman to armed self-defense as he walked from a local convenience store to his father’s fiancee’s home in Sanford, Florida’s Twin Lakes gated community.
Author’s Note: Thanks to my reader Anthony Beecher who commented on my previous article “What George Zimmerman Really Said.” He commented, “The real tragedy of this stand your ground law is that it is inherently stacked against youths because they are not permitted concealed carrys. Trayvon was not legally old enough to be prepared to protect himself from this stalker,” which inspired this article. I’d previously written on the topic of the double-standard of adult liabilities with no rights in my March 2001 Sierra Times article “Justifiable Insanity, reprinted here.
–J. Neil Schulman
This article is Copyright © 2012 The J. Neil Schulman Living Trust. All rights reserved.
Winner of the Special Jury Prize for Libertarian Ideals from the 2011 Anthem Film Festival! My comic thriller Lady Magdalene’s — a movie I wrote, produced, directed, and acted in it — is now available free on the web linked from the official movie website. If you like the way I think, I think you’ll like this movie. Check it out!
April 3, 2012 - 3:44 am
Right on Neil!
…and millions of (supposedly?) well-meaning mothers, fathers, and politicians created this new class of discrimination by attempting to protect and shield them from the realities of life.
And don’t get me started about the boring daytime propaganda prisons we call ‘public schooling’.
April 3, 2012 - 10:48 am
There’s a lot of truth to that. There is, however, one underlying flaw.
The Stand Your Ground Laws are nearly irrelevant in this matter. Basic Self-Defense / Justifiable Homicide laws are where reasonable fear of death or serious injury come into play. Stand Your ground just remove the legal requirement for people to flee if possible before defending themselves.
As for the age thing – At 17 I was in the US Navy and couldn’t buy a firearm even though I could be issued one. I could, however, legally drink since back then your military ID was legally enough no matter what age you were.
April 3, 2012 - 10:58 am
I agree with you that the essence of the right of self-defense isn’t found in the “Stand Your Ground” laws — it’s a natural right preceding any legislation — but when I wrote above that the “Stand Your Ground” law enables self defense I was accurate. A legal obligation to run away — with criminal liability for defending yourself if you don’t run away — effectively disables the right of self-defense.
Your military experience at age 17 is one more example of the legal schizophrenia our laws have regarding the youth underclass.
April 3, 2012 - 11:26 am
I disagree. The law doesn’t make him immune to prosecution for a bad shoot. It makes him immune from prosecution if the shooting is determined to be good. What blew up this case is that the Sanford PD did not investigate, did nothing to determine IF the shooting was lawful. It’s the PD that screwed the pooch, and where outrage needs to be aimed.
In no way does that let Zimmerman off the hook. But there are so many things wrong about this shooting on its face that it seems as though the SPD deliberately did nothing. It’s the only explanation I have for any of this.
April 3, 2012 - 11:27 am
Fair enough, though Zimmerman’s attorney has said that they weren’t planning on invoking Stand Your Ground because they felt it irrelevant.
Frankly though, my military experience is what prompted me to comment. It always struck me as schizophrenic that we can send a 17 year-old to kill and die but not grant him or her the other privileges that come with legal adulthood.
Hell! I couldn’t even vote for the first 11 months I was on active duty.
April 3, 2012 - 11:52 am
The Sanford Police took George Zimmerman into custody — we’ve seen the security video. They discussed with the prosecutor whether they should book him. The prosecutor told them not to. The next day Sanford police detectives re-created the shooting and again the prosecutor decided there was no case.
A lot of evidence and witness testimony is coming out in the media but I don’t know of any of it that wasn’t available to the police and prosecutor when they made their initial determination that there was no case — and I’m unaware of any new evidence the special prosecutor has that wasn’t available from the beginning. But we”ll see.
April 3, 2012 - 6:12 pm
I agree with Dave 100%. The Sanford PD has handled this case the way PDs around the country handle cases where an officer is the accused. If Zimmerman was a cop, this wouldn’t even be a story. But he’s not and, as someone who covers police/crime news on a daily basis, it’s so out of the ordinary that it’s impossible to ignore.
August 25, 2013 - 2:41 pm
What is so ridiculous is that defending oneself is an inherent defense and does not have to be legislated. Trayvon had a right to defend himself as he was pursued, approach by an unknown individual. Zimbo did not follow due diligence to identify himself once he was in close proximity to Trayvon. He profiled and was so certain of his premonition that he did not attempt to establish confirmation. Therefore, if he felt his life was in danger he put himself in that position. You don’t walk out in the middle of the street without looking and not expect to get hit by a car. Zimbo did expected what he claims he got and was prepared, armed to respond; otherwise, he wouldn’t had the courage to approach Trayvon.
The trial presented one fact for my satisfaction and that is he intended to make the teen that got away pay for burglarizing his neighbors house who testified to that extent.
August 25, 2013 - 2:50 pm