Stand Your Ground’s Hideous Double Standard of Prosecuting African-Americans

[Tx4obama]

The application of a different principle for a similar situation or different people in the same situation is generally regarded as a double standard. The tragic murder of Trayvon Martin has engendered questions that if the roles had been reversed and Martin, an African American teenager, had shot and killed George Zimmerman, would he have been immediately arrested and charged with murder. Whether or not race played a role in the incident may never be determined, but there is a case in Georgia in which the stand your ground law did not protect an African American man who shot and killed a white man on his own property. The case is the ultimate example of applying a different principle for a similar situation based on race.

Advocates of the stand your ground law and most conservatives insist that race had no relevance in law enforcement’s failure to immediately arrest George Zimmerman for killing Trayvon Martin. A public outcry and subsequent investigation resulted in Zimmerman’s arrest, and his legal defense is that he acted in self-defense out of fear of great bodily harm or death at the empty hands of Trayvon Martin. Georgia’s stand your ground law allows citizens to use deadly force “if they reasonably believe force is necessary to prevent death or great bodily injury,” and their Castle Doctrine law justifies the use of deadly force to defend one’s home. In the Trayvon Martin case, Zimmerman was not defending his home and was not in jeopardy of great bodily harm from an unarmed teenager, but John McNeil of Georgia, an African American man was at his home and defended himself from great bodily harm and is in prison for the rest of his life.

In early 2005, McNeil hired Brian Epp’s construction company to build a new home and after many heated confrontations with Epp decided to end the increasingly threatening business relationship. Epp and the McNeil’s agreed that the contractor would finish the work within ten days and then stay away from the property. Epp did not keep the agreement and in December of 2005, McNeil’s 15-year-old son called his father and told him an unrecognizable man was “lurking in the backyard,” and after the son told the man to leave, Epp pulled out a knife, pointed at the teen’s face and said, “why don’t you make me leave?” Mr. McNeil was still on the phone and recognized Epp’s voice and told his son to go inside and wait while he called 911 to report the incident. McNeil arrived home and Epp went to his truck to get something he concealed in his pants and came at him prompting McNeil to grab a gun and fire it at the ground insisting that Epp stop his advance. Epp continued approaching McNeil “really fast” while reaching for his knife and a shot in the head stopped Epp.

A neighbor corroborated Mr. McNeal’s story about his deadly encounter with Epp and police initially determined the shooting was a case of self-defense and did not charge him. A year later the district attorney decided to prosecute Mr. McNeil after a rash of letters and emails demanded the prosecutor investigate and charge McNeil with murder. Most of the letters were written anonymously and one was from Epp’s widow.

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Full article here: http://www.politicususa.com/whites-only-stand-your-ground/

[indepat]

1. But the makers/supporters of SYG would never acknowledge any double standard had been/would

ever be a factor. Of course they sneeringly lie through their teeth.

[Liber-AL]

2. There's an eerie silence here.

Last edited Mon Apr 16, 2012, 02:13 AM - Edit history (1)

Well, once again we are faced with second hand knowledge of the "facts." Maybe that is why there seems to be a general reluctance to post an opinion in this thread. While being acutely aware of that, I will post mine.


I think that ANY time there is a homicide, there ought to be an arrest and indictment. All evidence should be collected, even if there is no arrest, and used to determine the guilt or innocence of the surviving antagonist. Just taking someone's word is reprehensible after a life has been lost.

And even if the homicide is deemed justifiable by a competent authority, the evidence should remain in the evidence room for a period not to exceed five to ten years.

Both Zimmerman AND McNeil should have been arrested immediately, charged and subjected to all the rigors expected in the handling of murder suspects. Evidence collection is crucial for any future prosecution even if immediate charges are dropped.

The problem is that there is no uniformity in the execution of SYG laws. Compounding the issue is the well documented view that local prejudices in the application of such laws are usually detrimental to minorities no matter which end of the gun they are on.

[angstlessk]

3. I agree, every case of SYG sould be adjucated and found on the merits of the case

there should not be any case where it is NOT brought to trial!