Legal Analysis from Attorney Travis Townsend on Trayvon Martin: Stand Your Ground Law by envisionglobal

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   FOR YOUR IMMEDIATE ATTENTION
   March 28, 2012


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   Nicole Castoreno
   Envision Global Corporation
   (678) 367-3117
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                                                   Travis Townsend, Jr.


              Legal Analysis from Attorney Travis Townsend on Trayvon Martin:
                                   Stand Your Ground Law

   ATLANTA, GA (EnviGlobal.com) – Among the global activists speaking out on the tragic death of Trayvon
   Martin, Attorney Travis Townsend, Managing Partner at Townsend & Lockett LLC and current president of the
   Urban League of Greater Atlanta Young Professionals chapter has issued the following legal commentary:

   In the wake of the death of 17 year old Trayvon Martin, many important issues relating to law enforcement, self-
   defense, race and profiling have arisen in public discourse. The questions of whether George Zimmerman's fatal
   shooting of Trayvon was justified, and whether the Sanford, Florida police department was derelict in its law
   enforcement duties for failing to arrest and initiate the prosecutorial process against him are foremost among them.
   It would be convenient if resolving these questions were a simple matter of interpreting the Florida "Stand Your
   Ground" law, but unfortunately, a complex analysis of the intersection of dangerous racial stereotypes and self-
   defense principles is required.

   Sections 776.012 and 776.031 permit the use of deadly force against another in self-defense or the defense of
   others, respectively, but only within a narrow set of circumstances. The letter of the Florida statute permits the use
   of deadly force and says a person does not have a duty to retreat if he reasonably believes such force is necessary
   to prevent imminent death or great bodily harm to himself or another or to prevent the imminent commission of a
   forcible felony. As set forth, this should be a very high standard to establish; however, the Sanford justice system
   made the determination simply by taking George Zimmerman's word for it as Trayvon Martin lay dead incapable
   of sharing his side of the story. This law deals in life and death, given the value our society places on life, on its
   face, the Florida statute warrants investigation of the matter beyond a simple onsite inquiry of the killer. Thus the
   law's permission of the use of deadly force, while problematic, is not the chief driver in the Sanford PD's failure to
   arrest and initiate prosecution. Instead, it is Section 776.032, the "immunity" provision in the statute that is a
   major cause of the Sanford PD's defective actions.
Section 776.032 makes a user of justifiable force immune from criminal prosecution and civil action, and defines
"criminal prosecution" to include arrests, detention and even charging the defendant. Further it goes on to state
that law enforcement may not arrest the person for using force unless it determines there was probable cause that
the force that was used was unlawful. This law is flawed for it discourages even the most preliminary steps in
seeking justice, namely detaining a potential man slaughterer or murder. It continues by requiring a court to award
attorney's fees, court costs and compensation for loss of income to a defendant prosecuted when they stand
immune pursuant to the statute. Thus, it effectively discourages law enforcement from arresting, detaining and
investigating someone like Zimmerman because law officers do not want to be the agents responsible for costing
their departments money and jeopardizing their employment.

Despite the law's flaws, it would seem that it still permits an arrest in this case because the facts and circumstances
surrounding Trayvon's death overwhelmingly establish probable cause to arrest Zimmerman. Zimmerman's several
911 calls make it clear that neither he nor anyone, aside from Trayvon it turns out, was in imminent danger of
death, serious bodily injury or victimization of forcible felony. Zimmerman had time to call the police and provide
an extensive report of the situation, which alone shatters any claim by him of believing imminent danger. Further,
he was instructed by the law enforcement agent on the other end of the 911 call not to pursue Trayvon, yet he
continued against those clear instructions. Had he allowed police to arrive on the scene and manage the situation;
Trayvon would be alive today and no one would've been harmed.

This leads us to the elephant in the room, the role that the race and ethnicity of Zimmerman and Trayvon,
respectively, have played in this tragedy. The Florida statute allows for a person's mind state to impact the legality
of a killing. The interpretation by Zimmerman, a white Hispanic man, of Trayvon as a threat because he was a
Black teen, dressed in a hoodie, is ultimately the reason why Trayvon is dead today. His belief that Trayvon was a
threat at all, was based primarily on Zimmerman's stereotyping of Black teens. There is evidence to this effect
abound in the tone of his statements to the 911 dispatcher, which may even include a racial epithet describing
Trayvon. This highlight's what is probably the biggest shortcoming of Stand Your Ground laws; someone's life
may ultimately be taken away based on a person's biases.

Now that many more facts about this case have been unearthed, there can be little debate that Zimmerman should
be arrested and prosecuted to the fullest extent of the law. Our justice system's adversarial process will afford him
an opportunity to establish a self-defense fight against conviction, but he should have that burden and it should
require more than a simple assertion that Trayvon attacked him. Beyond justice for Trayvon, Florida's Stand Your
Ground law must be taken under review as well as those of the various other states that have similar laws to
prevent similar tragedies from occurring. For deeper understanding of self-defense laws I recommend a review of
my book, When the Cops Come Knockin': An Illustrated Guide to Criminal Law. The discussion around
Trayvon's death must be elevated so we can move closer to justice. For this to happen, all engaged must become
more knowledgeable of the criminal laws.

-Travis Townsend, Jr.


For more information on Travis Townsend, please visit www.TownsendLockett.com.

For details or to purchase the book, When the Cops Come Knockin’, visit www.CopsComeKnockin.com.

For all media inquiries, please connect via email at Press@EnviGlobal.com or phone at (678) 367-3117.


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