Legal doctrine of self defense

You may have heard of the tragic shooting of Trayvon Martin, a 17 year old African-American on 26 February. The shooter was a neighbourhood watch volunteer* who believed the young man was acting suspiciously.

There has been an outpouring of sentiment for the plight of young Black males in America and much chastisizing of the racist bias, racial stereotyping and violent culture which made such a crime possible. The most interesting article I've read on the subject however deals with Florida's self defense legislation which made it difficult for the police to investigate or prosecute the shooter. I think this might be of particular interest to those of you interested in the American legal system.

In 2008, the Florida legislature passed a "Stand your ground" law which extended the "castle doctrine" (you are allowed to shoot if you are at risk in your own house) to public places. If under attack you were no longer required to retreat as far as you could before using deadly force. The change was mainly directed at protecting victims of domestic violence who employed deadly force against their abuser. But, in fact, the concept of self defence was much broadened, and if that is what you were acting under, you could not be charged with the crime.

George Zimmerman has since been charged but there was about a week's delay before the police launched the investigation.

*you may have seen a form of this type of watered-down vigilantism in TV shows and movies. It was, for instance, recently featured on Dexter, season 4.

the Emancipation Proclamation

NPR has a very good segment on the Emancipation Proclamation and the diverging opinions historians have on its meaning. As usual, I recommend you listen to the 9 minute broadcast which can readily be downloaded from the website.

Here is a quick reminder of the debates surrounding the interpretation of the Proclamation:

- Was the 1863 Emancipation Proclamation a momentous text meant to radically alter the situation of American Blacks?

- Was it merely a political gimmick, a tactical decision to save the Union?

- What did Lincoln believe he was doing when he signed the text which had been sitting in a drawer for several months?

- What should we make Lincoln's earlier declarations against Black freedom when he went as far as to blame the Negro for the war. In so doing was he asserting deeply held beliefs or trying to assuage the fears of his fellow Northerners?

In a new book on Lincoln and the Proclamation, Holzer reexamines the story of how Lincoln came to sign the document: massaging his hand so as not to quake and suggest that he had hesitated. This would suggest that the president was aware that this single piece of legislation might represent his most important legacy.

Holzer also looks at how the newly freed slaves interpreted Lincoln's actions and how they recognized him as the cause of their emancipation.

The second section of the article is devoted to the iconography of the Proclamation and is also well worth a glance.