In the his frankly bizarre speech in re the Martin/Zimmermaas case last week, President Obama asked:
And for those who resist that idea that we should think about something like these “stand your ground” laws, I’d just ask people to consider, if Trayvon Martin was of age and armed, could he have stood his ground on that sidewalk? And do we actually think that he would have been justified in shooting Mr. Zimmerman who had followed him in a car because he felt threatened?
Of course, the hypothetical question is a stupid one. Obama’s not a stupid man, of course; he knows thatbeing followedisn’t, in and of itself, not enough to convince a reasonable person that one legitimately and immediately fears death or great bodily harm.
The three key words are…:
- Reasonable: would a jury buy the idea that being followed constituted a threat that was…
- Legitimately lethal, not eventually, but…
“Feeling” threatened – notwithstanding the bleatings of liberal bloggers and politicians – is not reasonably a legitimate, immediate threat of death or great bodily harm. Had ZImmerman, say, jumped out of his truck, tackled Martin, and started beating his head against the sidewalk? That’s another story – as the jury affirmed last week.
But as a literal answer to an immediate, current social question? It’s a good question.
And the answer is “Yes, black people can and do “stand their ground” when under attack, and do so successfully”. Indeed, twice as often per capita (in Florida) as white people:
But approximately one third of Florida “Stand Your Ground” claims in fatal cases have been made by black defendants, and they have used the defense successfully 55 percent of the time, at the same rate as the population at large and at a higher rate than white defendants, according to a Daily Caller analysis of a database maintained by the Tampa Bay Times. Additionally, the majority of victims in Florida “Stand Your Ground” cases have been white.
African Americans used “Stand Your Ground” defenses at nearly twice the rate of their presence in the Florida population, which was listed at 16.6 percent in 2012.
One hundred thirty three people in the state of Florida have used a “Stand Your Ground” defense. Of these claims, 73 were considered “justified” (55 percent), while 39 resulted in criminal convictions and 21 cases are still pending.
Forty four African Americans in the state of Florida have claimed a “Stand Your Ground” defense. Of these claims, 24 were considered “justified” (55 percent), while 11 resulted in convictions and nine cases are still pending.
Now, for a racist law, it seems to be pretty darned color-blind.
Maybe the Administration should stick with trying to find all the guns they gave to the narcotraficantes.