Zimmerman Case’s Legal Absurdities Astound (Mark Steyn)

Zimmerman Case’s Legal Absurdities Astound – Mark Steyn

Just when I thought the George Zimmerman “trial” couldn’t sink any lower, the prosecutorial limbo dancers of the State of Florida magnificently lowered their own bar in the final moments of their cable-news celebrity.

.

In real justice systems, the state decides what crime has been committed and charges somebody with it. In the Zimmerman trial, the state’s “theory of the case” is that it has no theory of the case: Might be murder, might be manslaughter, might be aggravated assault, might be a zillion other things, but it’s something. If you’re a juror, feel free to convict George Zimmerman of whatever floats your boat.

Nailing a guy on something, anything, is a time-honored American tradition: If you can’t get Al Capone on the Valentine’s Day massacre, get him on his taxes. Americans seem to have a sneaky admiration for this sort of thing, notwithstanding that, as we now know, the government is happy to get lots of other people on their taxes, too. Ever since the president of the United States (a man so cautious and deferential to legal niceties that he can’t tell you whether the Egyptian army removing the elected head of state counts as a military coup until his advisors have finished looking into the matter) breezily declared that if he had a son he’d look like Trayvon, ever since the U.S. Department of so-called Justice dispatched something called its “Community Relations Services” to Florida to help organize anti-Zimmerman rallies at taxpayer expense, ever since the politically savvy governor appointed a “special prosecutor” and the deplorably unsavvy Sanford Police Chief was eased out, the full panoply of state power has been deployed to nail Zimmerman on anything.

How difficult can that be in a country in which a Hispanic Obama voter can be instantly transformed into the poster boy for white racism? Who ya gonna believe – Al Sharpton or your lying eyes? As closing arguments began on Thursday, the prosecutors asked the judge to drop the aggravated assault charge and instruct the jury on felony murder committed in the course of child abuse. Felony murder is a murder that occurs during a felony, and, according to the prosecution’s theory du jour, the felony George Zimmerman was engaged in that night was “child abuse,” on the grounds that Trayvon Martin, when he began beating up Zimmerman, was 17-years-old. This will come as news to most casual observers of the case, who’ve only seen young Trayvon in that beatific photo of him as a 12-year-old.

In that one pitiful closing moment, the case achieved its sublime reductio ad absurdum: After a year’s labors, after spending a million bucks, after calling a legion of risible witnesses, even after the lead prosecutor dragged in a department store mannequin and personally straddled it on the floor of the court, the state is back to where it all began – the ancient snapshot of a smiling middle-schooler that so beguiled American news editors, Trayvon Martin apparently being the only teenager in America to have gone entirely unphotographed in the second decade of the 21st century. And, if Trayvon is a child, his malefactor is by logical extension a child abuser.

Needless to say, even in a nutso jurisdiction like Florida, the crime of “child abuse” was never intended to cover a wizened old granny kicking the ankle of the punk who’s mugging her a week before his 18th birthday. But, if ‘aggravated pedophilia’ is what it takes to fry that puffy white cracker’s butt, so be it.

If, for the purposes of American show trials, a Hispanic who voted for a black president can be instantly transformed into a white racist, there’s no reason why he can’t be a child abuser, too. The defense was notified of this novel development, on which the prosecution (judging by the volume of precedents assembled) had been working for weeks or more likely months, at 7:30 that morning. If you know your Magna Carta, you’ll be aware that “no official shall place a man on trial… without producing credible witnesses to the truth of it.” But the rights enjoyed by free men in the England of King John in 1215 are harder to come by in the State of Florida eight centuries later.

So the prosecutors decided, the day before the case went to the jury, that Zimmerman was engaged in an act of child abuse that had somehow got a bit out of hand: no “credible witnesses” to this charge had been presented in the preceding weeks, but hey, what the hell? Opposing counsel, taking the reasonable position that they’d shown up to defend Mr. Zimmerman of murder and had had no idea until that morning that he was also on trial for child abuse, check bouncing, jaywalking, an expired fishing license, or whatever other accusation took the fancy of the State of Florida, asked for time to research the relevant case law. Judge Debra Nelson gave them until 1 p.m. At that point, it was 10.30 a.m. By the time the genius jurist had returned to the bench, she had reconsidered, and decided that “child abuse” would be a reach too far, even for her disgraceful court.

The defining characteristic of English law is its distribution of power between prosecutor, judge and jury. This delicate balance has been utterly corrupted in the United States to the point where today at the federal level there is a conviction rate of over 90 percent, which would impress Mubarak and the House of Saud, if not quite yet, Kim Jong-Un. American prosecutors have an unhealthy and disreputable addiction to what I called, at the conclusion of the trial of my old boss Conrad Black six years ago, “countless counts.” In Conrad’s case, he was charged originally with 17 crimes, three of which were dropped by the opening of the trial and another halfway through, leaving 13 for the jury, nine of which they found the defendant not guilty of, bringing it down to four, one of which the Supreme Court ruled unconstitutional and the remaining three of which they vacated, only to have two of them reinstated by the lower appeals court. In other words, the prosecution lost 88 percent of the case, but the 12 percent they won was enough to destroy Conrad Black’s life.

Multiple charges tend, through sheer weight of numbers, to favor a result in which the jury convict on some and acquit on others and then tell themselves that they’ve reached a “moderate” “compromise” as befits the reasonable persons they assuredly are. It is, of course, not reasonable. Indeed, the notion of a “compromise” between conviction and acquittal is a dagger at the heart of justice. It’s the repugnant “plea bargain” in reverse, but this time to bargain with the jury: okay, we threw the book at him and it went nowhere, so why don’t we all agree to settle? In Sanford, the state’s second closing “argument” to the strange, shrunken semi-jury of strikingly unrepresentative peers – facts, shmacts, who really knows? Vote with your hearts – brilliantly dispenses with the need for a “case” at all.

We have been warned that in the event of an acquittal there could be riots. My own feeling is that the Allegedly Reverend Al Sharpton, now somewhat emaciated and underbouffed from his Tawana Brawley heyday, is not the Tahrir Square-scale race-baiting huckster he once was.

But if Floridians are of a mind to let off a little steam, they might usefully burn down the Sanford courthouse and salt the earth. The justice system revealed by this squalid trial is worth rioting over.

Click HERE For Rest Of Story

.
——————————————————————————————————————————–
.

More op-eds:

.
Obama’s Rule By Decree – Andrew C. McCarthy

Barack Obama has never been clear on the distinction between sovereign and servant, between the American people and those, including himself, elected to do the people’s business. We saw that yet again this week with the president’s unilateral rewrite of the Bataan Death March known as the Affordable Care Act – Obamacare. For this president, laws are not binding expressions of the popular will, but trifling recommendations to be ignored when expedient.

The collapse of law – not just Obamacare but law in general – is the Obama administration’s most egregious scandal. With the IRS here, Benghazi there, and Eric Holder’s institutionalized malevolence crowding the middle, it gets little direct attention. Perhaps it is so ubiquitous, so quotidian, that we’ve become inured to it.

Click HERE For Rest Of Story

.
——————————————————————————————————————————–

.
Black Education Tragedy – Walter E. Williams

As if more evidence were needed about the tragedy of black education, Rachel Jeantel, a witness for the prosecution in the George Zimmerman murder trial, put a face on it for the nation to see. Some of that evidence unfolded when Zimmerman’s defense attorney asked 19-year-old Jeantel to read a letter that she allegedly had written to Trayvon Martin’s mother. She responded that she doesn’t read cursive, and that’s in addition to her poor grammar, syntax and communication skills.

Jeantel is a senior at Miami Norland Senior High School. How in the world did she manage to become a 12th-grader without being able to read cursive writing? That’s a skill one would expect from a fourth-grader. Jeantel is by no means an exception at her school.

Click HERE For Rest Of Story

.
——————————————————————————————————————————–

.
America’s Sociopath Fetish – Michelle Malkin

I would like to declare a war on women – namely, all those cringe-inducing ninnies who lust after every celebrity criminal defendant with big muscles, tattoos, puppy-dog eyes or Hollywood hair.

You know who I’m talking about, right? America’s Bad Boy groupies. They’re on the courthouse steps with their “Free Jahar” signs, cooing over how “hot” and “cute” the bloodstained Boston Marathon bombing suspect is. He “can blow me up with babies,” one moral reprobate quipped shortly after his capture. “I’m not gonna lie, the second bombing suspect, Dzhokhar Tsarnaev, is hot. #sorrynotsorry,” another young girl boasted.

Click HERE For Rest Of Story

.
——————————————————————————————————————————–

.
Supposed Crimes Of The Mind – Victor Davis Hanson

When do insensitive words destroy reputations?

It all depends.

Celebrity chef Paula Deen was dropped by her TV network, her publisher, and many of her corporate partners after she testified in a legal deposition that she used the N-word some 30 years ago. The deposition was made in a lawsuit against Deen and her brother over allegations of sexual and racial harassment.

Actor Alec Baldwin recently let loose with a barrage of homophobic crudities. Unlike Deen, Baldwin spewed his epithets in the present. He tweeted them publicly, along with threats of physical violence. So far he has avoided Paula Deen’s ignominious fate.

Click HERE For Rest Of Story

.
——————————————————————————————————————————–

.
Who Is Racist? – Thomas Sowell

I am so old that I can remember when most of the people promoting race hate were white.

Apparently other Americans also recognize that the sources of racism are different today from what they were in the past. According to a recent Rasmussen poll, 31 percent of blacks think that most blacks are racists, while 24 percent of blacks think that most whites are racist.

The difference between these percentages is not great, but it is remarkable nevertheless. After all, generations of blacks fought the white racism from which they suffered for so long. If many blacks themselves now think that most other blacks are racist, that is startling.

Click HERE For Rest Of Story

.
——————————————————————————————————————————–

.
Making Government Smarter – Jonah Goldberg

President Obama wants to make government “smarter.” Who could disagree with that? After all, it’s unlikely that even the biggest fans of big government believe the way government does what it does is the very best, very smartest way imaginable. Whether you’re an anarchist, a Leninist, or somewhere in between, everyone can agree that Uncle Sam could afford a few more IQ points.

Let’s put it another way. If government is going to do X, it should do X the smartest way possible. On that proposition both Occupy Wall Street and the Tea Party agree.

Click HERE For Rest Of Story

.

One thought on “Zimmerman Case’s Legal Absurdities Astound (Mark Steyn)

  1. Pingback: ZION'S TRUMPET » The Legal System Sinks to a New Low in The Zimmerman Trial

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s