I was very disturbed from the first time I heard of this story and continue to be, the more facts that are reported. Setting aside my visceral reaction, there is a reasoned, philosophical problem with not arresting and charging the killer.
At the root of our understanding of the role of force, and particularly deadly force, in civilized society is Lockean social contract theory. In the state of nature we possess the right to use force, including deadly force. When we enter into the social contract, we surrender that right to the state. Only in situations of self-defense do we maintain that right. As I see it, there are two major areas of problem with the Martin-Zimmerman case.
First, Mr. Zimmerman was not justified in his use of deadly force against Mr. Martin. One maintains the right to self-defense within the social contract, but one is only justified in using the level of force necessary to respond to the force used against you. You cannot shoot someone for yelling at youor simply throwing something at you. You can only use deadly force when deadly force is being threatened against you. That means even in a fist fight where all the parties are doing is beating the crap out of each other, deadly force is not justified if deadly force is not used or threatened.
To this end, there is absolutely no grounds to justify Mr. Zimmerman's using deadly force against Mr. Martin. If Florida law actually does allow Mr. Zimmerman to use deadly force in this situation, then the law itself is unjustified and morally wrong and must be condemned.
If Mr. Martin yelled at Mr. Zimmerman, charged at him, threw his skittles at him, kicked him, or even punched him -- none of these would justify Mr. Zimmeran using deadly force in response. And there is no evidence as yet that Mr. Martin even acted in these ways, but even if he did, it would not justify deadly force. Mr. Zimmerman, philosophically and ethically, should be investigated and, if the facts bear out, charged with murder.
The second issue is that Mr. Zimmerman was the aggressor. Zimmerman disobeyed law enforcement and followed Mr. Martin. It appears that Mr. Zimmerman then confronted Mr. Martin. Mr. Martin's reponse, whatever it was, was in response to an escalation by Mr. Zimmerman. If self-defense is at issue in this situation, it would be for Mr. Martin to claim. Mr. Zimmerman was the one who escalated the situation and, it appears, was the aggressor. It seems clear to me that he cannot, then, justify his use of deadly force because he was the one who escalated the situation to that level, not the victim.
So, even without race getting involved in the analysis of the situation, and I firmly believe that race was at issue, one should conclude, given the facts we currently have, that Mr. Zimmeran should be arrested for the unjustified homocide of Mr. Martin.
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