Wednesday, February 26, 2014

Unjust Scales

Michael Dunn was justified.

That's what some of the jurors and a handful of Americans believe in the State of Florida vs. Michael Dunn.



Amos 5:24 (NRSV) #verseOfReflection
But let justice roll down like waters,
and righteousness like an ever-flowing stream.

It's funny really...people quote this verse of scripture concerning injustice and bringing change. Rarely do you hear a call for repentance, which is the larger context for in which this verse resides. Why is that?
...

Couple of Sundays ago I went back to the church that I grew up in. It's called Ebenezer, which surprisingly means "stone of help". This stems from a story in 1 Samuel. God is indeed "a very present help in time of need". This particular Sunday was the day after the "trial over loud music" in which Jordan Davis, a local teen who grew up in Jacksonville, FL was shot to death. Notice I didn't mention he's black, which before reading this you probably already knew and if not by the end you would figure how much it's implied.The Pastor preached a sermon, "...Call to Civil Disobedience".

Back in 2012 when Trayvon Martin was shot, it was the beginning (as I've expressed in other entries) of what seemed to be a "call on my life". This is where God continues his speaking to you in regards to what he would have you to do, which is in line with what you're created to do (and who you're created to be). Out of that time I felt that race has never really been "my issue", so-to-speak. I felt that enough people were working on that conversation. Inevitably, race is my issue due to so much drama surrounding the African-American community and those in connection with the black diaspora. For me, the conversation surrounding gays was more "my issue", and as luck would have it there are some similarities between the two. Trust me though, I could speak on a number of things; don't have just two issues.

Stand Your Ground/"Shoot First"
Trayvon Martin, Jordan Davis, Ricardo Sanes.

Three men of color all gunned down in what has become known as "a script for self-defense". I don't deny that cases like these inflame many corners of the country and world for what may seem to be racial undertones; however, I do believe much of the racial prevalence in these cases rises in intensity because we prefer it that way. We tend to make it a race thing. This isn't to suggest whether that's good or bad, but think about it this way. If the two people involved were of non-color would we be as up in arms? Highly doubt it. I also have a distaste for how things tend to become trivialized. Trayvon is associated with hoodies, ice tea and skittles. Jordan Davis' life was lost in a battle over "loud music". I can only imagine that Ricardo's case will rest on how people can be shot at for "running through someone's yard". There are too many crimes committed to cover them all with national media attention as some of these controversial cases receive, but all too often when the victim is a person of color there's an increased outrage.

Stand Your Ground is tricky in that some people understand it as a defense that can be used. This is true in and of itself, but it's even more basic than that. George Zimmerman chose to waive a "Stand Your Ground" hearing which would have put his fate before a judge and him alone, practically allowing him the option to not go to trial. Why'd the defense team choose this? Your guess is as good as mine. Although, stand your ground was mentioned during the Florida v. Zimmerman case, it wasn't readily used as a defense. Here's what the actual Florida statute says:

776.013 Home protection; use of deadly force; presumption of fear of death or great bodily harm.— 
(3) A person who is not engaged in an unlawful activity and who is attacked in any other place where he or she has a right to be has no duty to retreat and has the right to stand his or her ground and meet force with force, including deadly force if he or she reasonably believes it is necessary to do so to prevent death or great bodily harm to himself or herself or another or to prevent the commission of a forcible felony.  


It's not just a matter of someone going around saying, "I can shoot who I want" because they'll get off with this defense. This falls in anytime there's a use of deadly force; making this all the more scarier. What is more, it's included in the jury instructions as was done in both the Zimmerman and Dunn trials. Whether or not someone wants to specifically use it or not, the option is always there.


Marissa Alexander: 10-20-Life


I remember when this first came out as a pre-teen growing up in Florida.


Marissa Alexander fired a warning shot at her abusive ex-husband while in fear for her life. A jury took 12 minutes to deliberate and find her guilty according to the 10-20-LIFE law passed in 1998. Florida is known for being more than trigger happy when it comes to gun laws. She was denied the ability to use "stand your ground" as a defense. The Judge involved in the case saw that there was no applicability and if you read the explanation it does make sense. In addition, both Alexander and her ex-husband have a history of abuse towards each other. It seems that it is better (as in the case of defending yourself against a home intruder) to actually kill an individual than to miss them (even with intent) in self-defense; very mind-boggling. This is talked about in one of the linked articles.

As a result of this a "warning shot" bill is being voted on at some point to include cases like Marissa's as part of those applicable under "stand your ground".

Discrimination Laws

Africa has recently become a hot bed for anti-gay everything. It worries me more so as I know that many Christian denominations do missionary work in Africa (as well as other countries), and there's the potential for being indoctrinated with an improper understanding of how to "deal with" homosexuals and homosexual practices from a Biblical standpoint. Whoever brings you the good news first, is likely to cause you to think, believe, and act in a pre-determined way, most notably based on what they taught you.

Leaders such as those in Uganda and Gambia seem to believe that criminalizing what they view as "unnatural" is a way to stop these things from happening. First off, putting people in jail is only going to give more "fight to power" similar to what happened in the Civil Rights Movement. It's not even an issue of religious tolerance more than an issue of justice concerning human dignity. When it comes to religious understanding, if homosexuals are brought to "justice" for their sins through jailing, beating, and the like...what's to stop "citizen arrests" on all sinners? Why don't we just do the same for all who do things we disagree with? I could extend this with a grave example of sexual deviancy, debauchery, and the like, but I won't. The point is simple. When you legislate hate, you aren't following any god, especially not the God of all Creation.

Same goes for the "Religious Freedom Law" currently in Arizona waiting to be signed. I do believe that people have a right to refuse service on grounds that actually make sense. Any time the wording is set up in such a way where it is possible to discriminate/exclude folk based solely on "religious preference", that opens up room to practically act that way towards a broader range of people. When it comes to Christians, the best thing they can do is continue to "live peaceably so long as it depends on you". There are certain industries such as food & service which in no way can deny people service. Although, I admit I never understood the signs which read: "We have the right to refuse service..."

Reality
Race is being used to divide and pit us against each other. I believe the media, misunderstanding, and the ministry of certain persons are to blame. Everything is not a racial issue and even if it does involve what may seem to be racial elements, the law was written to be read in a "black and white" fashion. It doesn't see color. Often times things don't play out in a way which allows our perceptions to feel that this is the case. Think about it: What black person wasn't hoping that OJ "got off"?

When we start the conversation off immediately from a perspective of race, we are up the creek without a paddle if there isn't some sort of framework. Somethings to think about include bias, racism, and prejudice. How many people actually know the difference between racism and prejudice? I'd argue many millennials today probably don't have a clue, especially those currently in college. Again, this may just be my perception. How about having conversations that teach (men of color in particular) how to handle confrontation among other things? Let's face it, no one else is going to teach us how to have disagreements if we don't teach ourselves. This is very practical but also somewhat unrealistic to hope that we all someday come to benefit from understanding conflict (in a given framework) as well as conflict resolution strategies. Then again, perhaps you'll just be in the right place at the right time like Antoinette Tuff.

Deadly use of force laws should be revisited and reworked, but not repealed [in totality]. There are valid situations where these prove to be beneficial, although all verdicts don't seem morally justifiable as in Trayvon's and Jordan's cases. There are also some numbers which suggest that stand your ground tends to not favor blacks when they are victims of a crime.

Last but certainly not least, Angela Corey has been noted as having a history of overcharging. Zimmerman and Dunn could've easily been convicted of second degree murder (in my mind). A link below suggests that first degree murder has to be the charge given in these cases; however, as someone else besides the defendant has to be responsible for the death. In certain states if the individual instigated the situation a self-defense claim would not be valid. Florida doesn't require an individual to retreat as highlighted above. All that seemed to matter in the judicial setting was what transpired during the altercation between Trayvon and Zimmerman; practically ignoring that Zimmerman left his car and followed the young man, much like Claudius Smith and Ricardo Sanes. Claudius has been charged with second degree murder. Being that both are persons of color it'll be interesting to see how this plays out, the type of media coverage given, and...

I'm kind of tired of hearing people say that our black boys are being gunned down without taking into consideration that other people of other identities are being affected just as we are. There are too many cases across this country where young black males are victims of crimes. Too many cases where children are victimized and abused. Too many cases where people explore and make use of the wrong options/choices because it's all they know.

I don't expect people to react the same in the Smith and Sanes case given that Sanes may have actually been up to no good (see article below). Do "no snitchin'" policies still exist in the hood?!
...

So far I've been privileged to rally, march, and now it's time to march again!


I anticipate another march/rally in 2015 in commemoration of the Voting Rights Act of 1965, since the Supreme Court knocked down a key provision last June.

Sumthn2Ponder (s2p):
  • Do you think this is racist?


  • What about this post?


In case you need it

Unjust Scales (Bizzle)