George Zimmerman Escaped Conviction Based on the Florida Self-Defense Law

by Patrick H. Moore

The George Zimmerman verdict is in and the defendant is exonerated of all charges. As nearly as I can tell, based on the fact that he is duly licensed by the state of Florida to carry a concealed weapon, Zimmerman will most likely be allowed to continue to carry his weapon while he is out and about in the community.

Many of my liberal/progressive friends and associates are upset by the verdict. For example, I received this email a few hours ago describing the post-verdict press conference which I will quote verbatim:

Jesus. Did you see the press conference with the defense team? Licking their chops like a couple of hyenas. The prosecution team was actually gracious, if somewhat confused about the racial dimensions of the case. But these defense attorneys — they have the morals of Vegas casino owners. They had the nerve to ridicule the prosecution for even seeking conviction, for even going to trial. Like, how dare you accuse Zimmerman. Oh, I would love a half-hour or so in a room alone with Don West, Mr. Knock Knock joke. These arrogant pigs… Compared to the black attorneys who spoke with dignity and intelligence (I guess they represent the Martins’ civil suit…), West is just a p___… It’s all about ego, and winning, and money… not justice.

There is undoubtedly a great deal of truth to my friend’s statements. He is an idealist and he is angry. He is not an expert in the criminal justice system and is viewing the case from a moral and ethical standpoint. And I agree with him — from a moral and ethical standpoint Zimmerman is totally guilty and should be required to pay a heavy price. Personally, though, I am not at all surprised by the verdict. In fact, I would have been surprised if Zimmerman had been convicted even on the lesser manslaughter charge for the simple reason that the evidence against Zimmerman was weak. The jurors are instructed to vote for acquittal or conviction based on the evidence, not how they feel about the matter. In addition, under the Florida self-defense law, to vote for conviction, the jurors would have had to be convinced that there was no reasonable doubt as to whether he had acted in self-defense. This is a somewhat elusive concept which — as nearly as I can tell — means the jurors would have had to be convinced to a near certainty that Zimmerman was not acting in self-defense. Based on the evidence (or, more accurately, the lack of evidence), is is impossible to be certain that he was not acting in self-defense; therefore, under the Florida self-defense law, he could not be convicted of either second-degree-murder or manslaughter.