How the System Worked: The US v. Trayvon Martin

Published on Counterpunch (also on ZNet), by ROBIN D.G. KELLEY, July 15, 2013.

… But when George Zimmerman fatally shot Trayvon Martin, an unarmed, teenage pedestrian returning home one rainy February evening from a neighborhood convenience store, the NRA went mute.  Neither NRA officials nor the pro-gun wing of the Republican Party argued that had Trayvon Martin been armed, he would be alive today.  The basic facts are indisputable: Martin was on his way home when Zimmerman began to follow him—first in his SUV, and then on foot. 

Zimmerman told the police he had been following this “suspicious-looking” young man.  Martin knew he was being followed and told his friend, Rachel Jeantel, that the man might be some kind of sexual predator.  At some point, Martin and Zimmerman confronted each other, a fight ensued, and in the struggle Zimmerman shot and killed Martin.

Zimmerman pursued Martin.  This is a fact.  Martin could have run, I suppose, but every black man knows that unless you’re on a field, a track, or a basketball court, running is suspicious and could get you a bullet in the back.  The other option was to ask this stranger what he was doing, but confrontations can also be dangerous—especially without witnesses and without a weapon besides a cell phone and his fists.  Florida law did not require Martin to retreat, though it is not clear if he had tried to retreat.  He did know he was in imminent danger … //

… The point is that justice was always going to elude Trayvon Martin, not because the system failed, but because it worked.  Martin died and Zimmerman walked because our entire political and legal foundations were built on an ideology of settler colonialism—an ideology in which the protection of white property rights was always sacrosanct; predators and threats to those privileges were almost always black, brown, and red; and where the very purpose of police power was to discipline, monitor, and contain populations rendered a threat to white property and privilege.  This has been the legal standard for African Americans and other racialized groups in the U.S. long before ALEC or the NRA came into being.  We were rendered property in slavery, and a threat to property in freedom.  And during the brief moment in the 1860s and ‘70s, when former slaves participated in democracy, held political offices, and insisted on the rights of citizenship, it was a well-armed (white) citizenry that overthrew democratically-elected governments in the South, assassinated black political leaders, stripped African-Americans of virtually all citizenship rights (the franchise, the right of habeas corpus, right of free speech and assembly, etc.), and turned an entire people into predators.  (For evidence, read the crime pages of any urban newspaper during the early 20th century.  Or just watch the hot new show, “Orange is the New Black.”)

If we do not come to terms with this history, we will continue to believe that the system just needs to be tweaked, or that the fault lies with a fanatical gun culture or a wacky right-wing fringe.  We will miss the routine character of such murders: according data compiled by the Malcolm X Grassroots Movement, a black person is killed by the state or by state-sanctioned violence every 28 hours.  And we will miss how this history of routine violence has become a central component of the U.S. drone warfare and targeted killing.  What are signature strikes if not routine, justified killings of young men who might be Al-caeda members or may one day commit acts of terrorism?  It is little more than a form of high-tech racial profiling.

In the end, we should be able to prevent another Sandy Hook school tragedy—and the $7.7 million dollars that poured into Newtown on behalf of the victims suggests a real will to do all we can to protect the innocent.  But, sadly, the trial of Travyon Martin reminds us, once again, that our black and brown children must prove their innocence every day.  We cannot change the situation by simply finding the right legal strategy.  Unless we challenge the entire criminal justice system and mass incarceration, there will be many more Trayvon Martins and a constant dread that one of our children might be next.  As long as we continue to uphold and defend a system designed to protect white privilege, property and personhood, and render black and brown people predators, criminals, illegals, and terrorists, we will continue to attend funerals and rallies; watch in stunned silence as another police officer or vigilante is acquitted after taking another young life; allow our government to kill civilians in our name; and inherit a society in which our prisons and jails become the largest, most diverse institutions in the country.
(full text).

(Robin D. G. Kelley, who teaches at UCLA, is the author of the remarkable biography Thelonious Monk: The Life and Times of an American Original, 2009, and most recently Africa Speaks, America Answers: Modern Jazz in Revolutionary Times, Robin D. G. Kelley, who teaches at UCLA, is the author of the remarkable biography Thelonious Monk: The Life and Times of an American Original, 2009, and most recently Africa Speaks, America Answers: Modern Jazz in Revolutionary Times, 2012).

Link: Robin Davis Gibran Kelley (born 1962) is the Gary B. Nash Professor of American History at UCLA.

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