The moment the NAACP, the
Reverend Al Sharpton and other civil rights organizations publicly demanded
that the Justice Department conduct a federal probe into the Trayvon Martin
slaying and George Zimmerman's acquittal for killing him with a view toward
bringing civil rights charges against him, volumes were written and spoken as
to why the department supposedly couldn't or shouldn't prosecute him. There's
one problem with all this. Most argue that charging Zimmerman with a hate
crime in the Martin killing won't fly because there's no basis for that from
the apparent evidence. But that's not the only reason, in fact there are
eight of them, the Justice Department can consider a "compelling federal
interest" in prosecuting a defendant after a failed state prosecution, They are
clearly spelled out in the Justice Department's guidelines under the
subsection: "Initiating and declining Charges--Substantial Federal Interest."
1. Federal Law Enforcement Priorities.
The Justice Department will prosecute only cases that it deems "are most
deserving of federal attention." A US attorney in a jurisdiction has much
discretion as to the priorities for prosecuting a case and how a prosecution
fits in with the department's priorities. This means that Robert O'Neill, US Attorney
for Florida's Middle District that covers Sanford, Florida, has the leeway
and authority to decide that a Zimmerman prosecution not only deserves
federal attention but does not violate the department's established
priorities.
2. The Nature and Seriousness of
Offense. The US attorney must consider the "nature and seriousness of the
offense" in deciding whether to prosecute or not. The major factor that
determines that is " the
actual or potential impact of the offense on the community and on the victim." The Justice Department spells out exactly
what that means. It means economic harm to the community, physical danger to
citizens, and erosion of citizen's peace of mind and security. Zimmerman's
acquittal squarely fits each of these criteria in terms of lasting damage to
the community, erosion of confidence to secure that peace resulting from the
state's failed prosecution, and the danger of vigilantism in the Zimmerman's
jury's upholding of an individual's
right to use deadly force solely because they presume that their life is in
danger. Further, the rules spell out that the circumstances of the offense, the
identity of the offender and the odious publicity in the case that create strong
public sentiment in favor of prosecution must be weighed. The Zimmerman
acquittal fits all three circumstances.
3. Deterrent Effect of Prosecution.
The goal here is to insure that criminal conduct not be encouraged or
furthered by a failed prosecution. The right to kill or maim an individual
based on the perpetrator's perception of danger as the department notes if
unpunished would "commonly have a substantial cumulative impact on the
community."
4. The
Person's Culpability. The department must judge that the accused has some
culpability in the commission of an act. The one indisputable fact in the
Martin slaying is that Zimmerman initiated the confrontation by targeting
Martin as a "suspect" and then following him. This establishes Zimmerman's
clear culpability in the deadly train of events that followed.
5. The Person's Criminal History. Zimmerman has a
criminal history. Both of his arrests for domestic violence and resisting a
police officer involved violence. Federal prosecutors are duty bound to consider that
history in determining whether to initiate or recommend prosecution and most
importantly does the prior violence have a relationship to the charged
offense. Zimmerman's offenses involved violence and therefore that fits in
with the rule that this past must be weighed in the decision to prosecute.
6. The
Person's Willingness to Cooperate. There is absolutely no hint that Zimmerman
would be willing to cooperate in any federal probe into his conduct or
actions that fateful night. His and his attorney's public statements
following the acquittal have been marked by defiance, baiting of the
prosecutor's case, and even gloating at the acquittal.
7. The
Person's Personal Circumstances. The circumstances that may preclude against
a prosecution are youth, old age, mental or physical impairment. Zimmerman
fits none of these personal circumstances. However, if federal prosecutors
determine that the accused "occupied a position of trust or responsibility
which he/she violated in committing the offense" this would be a strong
factor in favor of a prosecution. Much
was made that Zimmerman was at least at one time a sworn neighborhood watch captain
and though his status as neighborhood guardian was dubious at best when he
killed Martin, the strong presumption was that he acted as a neighborhood
guardian--authorized or not.
8. The
Probable Sentence. If Zimmerman had been convicted on any charge no matter
how minor, federal prosecutors almost certainly would not consider a
prosecution. It would not justify the government's time or resources. But the
fact is that he wasn't. So this is a non-factor against considering a federal
prosecution.
The
legion of Zimmerman defenders and legal naysayers of a federal prosecution
have no need to read the actual federal guidelines that determine when
federal prosecutors can bring a second prosecution because their goal is not
to adhere to the actual provisions that govern a federal prosecution but
spout their pro Zimmerman legal biases.
Federal prosecutors, however, have that duty. And there are eight compelling
reasons they have to prosecute Zimmerman.
Earl Ofari Hutchinson is an author and political analyst. His new ebook is America on Trial: The Slaying of Trayvon Martin ( Amazon ). He is an associate editor of New America Media. He is a weekly co-host of the Al Sharpton Show on American Urban Radio Network. He is the host of the weekly Hutchinson Report on KTYM 1460 AM Radio Los Angeles and KPFK-Radio and the Pacifica Network.
Follow Earl Ofari Hutchinson on Twitter: http://twitter.com/earlhutchinson
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