Sunday, March 18, 2012

Official Discretion and the Rule of Law
In Florida last week, a 26 year old neighborhood watch captain shot and killed 17 year old Trayvon Martin.  Because the shooter told police that he shot in self-defense, the police chose not to arrest him. 

Officers have the discretion to arrest or not.  But it seems to me that in this case, a claim of self-defense is best seen as a legal argument for a jury to evaluate in a courtroom.  The evidence we already have and that no one disputes...a dead teenager that the shooter admits killing...warrants an arrest to ensure that a jury will have the opportunity to evaluate the self-defense claim. 

We may look back later on the decision not to arrest the shooter as just poor judgment.  Or perhaps--once we learn more about the disputants, the officers involved, and the department's track record--an abuse of discretion that undermines respect for authority and the rule of law...and makes it dangerous to grow up black in America.

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