Saturday, April 21, 2012

Factual error clouds the Zimmerman verdict


Factual error sounds like an oxymoron, similar to deafening silence, dark lamp, or definite maybe. However, a factual error isn't so much a matter of linguistic construction as of personal perception. Once error is accepted as fact there's little chance that evidence will change public opinion. Subsequent conclusions are then based on accounts that may or may not be accurate.

The George Zimmerman-Trayvon Martin saga produced the perfect storm for factual error. An overzealous neighborhood watch volunteer, George Zimmerman, pursued and killed an unarmed teenager, Trayvon Martin. Zimmerman uttered a racial slur and based his assumptions of Martin's criminal intent on the youth's race. Florida's "Stand Your Ground" law condones vigilante murder and Martin's hoodie made him a thug.

But each aforementioned fact contains a startling array of error. And each error could've been avoided simply by waiting for the story to fully develop.

NBC's creative editing of 911 tapes portrayed Zimmerman in a false light, and he apparently used no racial epithets to describe Martin. Wearing a hoodie in the warm Florida climate might be odd but doesn't necessarily convey dubious intent on Martin's part. "Stand Your Ground" laws recognize the basic right to counter an imminent threat, even with deadly force. Yet "Stand Your Ground" conveys no right, expressed or implied, to pursue or provoke someone who appears suspicious. Depending on who ultimately attacked whom, either Martin or Zimmerman could argue self-defense.

If Trayvon was innocent, then Zimmerman assailed, and eventually took, Martin's right to life, to liberty, and to pursue happiness. Would Trayvon not be correct in defending those rights? However, if Trayvon assaulted Zimmerman, as some accounts claim, then Zimmerman had every right to protect his life. At this point the public has just enough fact and just enough error to substantiate an emotional response, not to render a life-changing verdict.

I'm not suggesting the protests are baseless. In fact, they would be commendable if the intent was to prompt a more thorough investigation of Trayvon's death. But are the marches geared toward a verdict based on evidence, one way or the other? Not at all; their demand is George Zimmerman's conviction. Therefore the justice marches are undeniably conflicted. While angry that Zimmerman allegedly denied Trayvon Martin his right to life and liberty without due cause, they're demanding George Zimmerman be treated likewise, convicted regardless the evidence. Protestors are practicing mob rule, which has no place in legitimate jurisprudence.

Zimmerman has now been charged. If the evidence warrants, convict him. But he shouldn't be arrested, much less convicted, because street mobs have predetermined his guilt. He shouldn't be prosecuted to appease Al Sharpton and Jesse Jackson. He shouldn't be imprisoned because racists seek retribution on their own terms. Zimmerman is assumed innocent until the State proves his guilt; Zimmerman himself needn't prove a thing.

Trayvon's supporters have made a trustworthy verdict improbable, perhaps unattainable. Due to reliance on factual error the case against Zimmerman has been so politicized that no one will be satisfied with its conclusion. Seating an impartial jury of Zimmerman's peers will prove difficult at best, and confidence in the subsequent proceedings will be minimal. The possibility of a fair trial is in doubt, as is the probability that the mobs will accept Zimmerman's possible exoneration.

No one knows what happened between Zimmerman and Martin. Perhaps an overzealous Zimmerman doggedly pursued an imaginary problem in Martin, belying his self-defense claim. Maybe Martin assaulted Zimmerman, posing an imminent threat to his life and limb, which places Zimmerman in the right. Had cooler heads prevailed from the outset we might have hard evidence on whether Zimmerman acted defensively, and thus correctly, or offensively, and thus criminally. Instead we have a situation where the end result, whatever it may be, will prove nothing. If Zimmerman is convicted it will appear that he was sacrificed to placate the mob mentality and subsequent unrest it portends. Should Zimmerman be acquitted, institutional racism will be blamed for exonerating an innocent black teenager's murderer.

There is one certainty in all this uncertainty. Zimmerman's trial will produce neither racial unity nor cohesion. It'll only fuel the people who profit from inflaming racial tensions, as have previous cases. We could've avoided this circus had we refrained from forming initial judgments based on factual errors. We're in good position to gain wisdom that will help us better address such future situations. But chances are we'll just end up offended.

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