Artifact 2: Long Research Paper

A Call To Action: Reversing The Effects Of America’s Original Sin Through Systematic Reform

The factors of race and popular public opinion had significant influences on the court cases People of the State of California v. Orenthal James Simpson and the State of Florida v. George Zimmerman. These factors made these two litigations stray procedurally from what should have been open-and-shut trials, to gaining national attention that ultimately affected the cases. Americans should be shocked and concerned with this discovery as it brings light to the inequalities engrained in our judicial system that go against our societal values as U.S. citizens. These two cases, separated by time, yet connected by the impact of external factors, reveal that outside influences on a court case can have monumental impacts on the courts decision. If race and popular public opinion had not been factors, Trayvon Martin’s case would have quickly been closed procedurally due to the Stand Your Ground Law as many cases like it had previously. Additionally, OJ Simpson would have been convicted on two separate counts of murder with a stack of hard evidence piled up against him.  I will explain how counsel in both cases employed race as an argument. In addition, I will show how the rhetoric of popular public opinion bent the judicial system and to what degree. To discover whether these factors had any considerable impact, I will explore the main arguments made in each case.

First, I will introduce these cases with background regarding the circumstances of the alleged crime, what the law mandates the crime be punishable with, and the evidence presented against the accused. In the trial People of the State of California v. Orenthal James Simpson (OJ Simpson), a famous American football player stood accused of two counts of first-degree murder (UMKC 2014). Simpson had allegedly stabbed to death his wife Nicole Simpson, and another man Ronald Goldman (UMKC 2014). The evidence collected against Simpson was numerous and very incriminating. There was a blood soaked glove found outside of Nicole’s apartment (where the crime took place), as well as a matching glove found at Simpson’s residence (UMKC 2014). Science came into play with incredibly precise DNA fibers linking Simpson to blood, hair, and cloth samples found at the crime scene (UMKC 2014). Letters written by Nicole were presented in court that solidified the very present and reoccurring domestic abuse, both physical and emotional, that Simpson had time and time again committed against her (see back for letter) (UMKC 2014). And perhaps the most heinous show of guilt that seemed to be a gesture of sickening boastfulness on the part of Simpson was a novel (or autobiography depending on personal opinion) titled If I Did It (UMKC 2014).

In his book, Simpson hints very candidly as he recalls the events from his perspective on the day of the event (UMKC 2014). In one section of the book he states that Nicole had charged him, and then had fallen and smacked her head on the pavement (UMKC 2014). Then, Goldman had struck a defensive pose against Simpson. From there, Simpson is quoted saying “Then something went horribly wrong, and I know what happened, but I can’t tell you how” (UMKC 2014). He goes on in his novel essentially laying out how he would have committed such a murder by saying “this guy kind of got into a karate thing…I remember I grabbed the knife” (UMKC 2014). When asked whether he had taken off a glove before grabbing said knife, he responded “You know, I had no conscious memory of doing that, but obviously I must have because they found a glove there” (UMKC 2014). Before the event even happened, he proudly boasted of his relationship with Nicole and feelings going into that fateful day. He admitted in his testimonial literature that he had gone into that day feeling angry and jealous (UMKC 2014). He thought of her as the antagonist in their acidic marriage, assuming she had been flirting with other men and referred to her as “the enemy” and sharing much of the blame for her own death (UMKC 2014). He revealed all of this in a Newsweek excerpt, in which the magazine diagnosed Simpson of displaying “the classic language of a wife abuser” (New York Post 2007). There are also several individual testimonies linking Simpson in the range of the scene of the crime that day, as well as those speaking to his abusive mannerisms. This is the most incriminating evidence against Simpson regarding the double-murder he had allegedly committed.

In the case of the State of Florida v. George Zimmerman, the person viewed through the incriminating glasses of racial profiling lies on the other side of the law, as the victim. The mandated law in this precedential case is much more difficult to traverse.  Florida is now famous for their extremely controversial Stand Your Ground law (Lawson 2012). In deciding whether to pursue a conviction or not, Florida prosecutors must consider all of the complexities of the unorthodox law. For instance the law provides protection from prosecution to anyone who justifiably makes use of deadly force in an effort to protect him or herself from a deadly threat (Lawson 2012). To make matters more complicated, the law still protects the individuals who employ deadly force if there is a reasonably perceived threat that ends up having been harmless (Lawson 2012). This rule makes convicting individuals who perhaps are on the edge of the legal boundaries of Stand Your Ground very challenging for potential prosecutors. Perhaps these unpromising circumstances were the main reason no prosecutor chose to adopt the case against George Zimmerman the first time it came around.

It all started on a dark and rainy night in Sanford, Florida. George Zimmerman, a neighborhood watch volunteer, was driving through his neighborhood armed with a nine-millimeter handgun when he spotted a teenager (CNN 2012). That young man walking home from a convenience store where he had purchased candy and juice was Trayvon Martin (CNN 2012). Zimmerman called the authorities to report a suspicious black male roaming the neighborhood (CNN 2012). According to phone transcripts he was quoted saying that the boy looked as though he were on drugs and that “these assholes always get away with it” (CNN 2012). Zimmerman was then asked by the operator to not follow Martin, to which he agreed, but did just the opposite (CNN 2012). The only other true evidence given to the court is the testimony of a neighbor who heard someone scream repeatedly for help, and those who heard the gunshot (CNN 2012). Under the Florida laws that govern such a proceeding, the case seems very cut and dry. In an objective, everyday court this is not enough evidence to counter Zimmerman’s claim. To support this one must simply look at the fact that no prosecutor would defend the case initially due to its high expectation of failure.

At this point, it is logical to ask why OJ Simpson was not convicted with such a heavy burden of evidence weighing against him. In addition, it is fair to question how George Zimmerman’s case even went to trial with its weak standing against Florida’s Stand Your Ground law. The answer lies in the delicate public social structure regarding race, where opinions are fortified with strong views, and where lady justice perhaps peeks through her blindfold.

 

Section 1: The Abuses Of The Media

As soon as both the Martin and Simpson cases unfolded the press immediately presented the issues as hate crimes and sparked popular opinion on a not entirely factual basis. This move by the press drew lines in the sand for the case, perhaps swaying some individuals to support an ethnic group they belong to and not seeing the case objectively.

In Martin’s case the media, lacking pertinent information in a timely manner, took to forging information of their own. Some of this information was later proven to be egregiously false. For instance, following the shooting, before any conclusive evidence was released, the media reported Zimmerman as being a white male (Washington Times 2013). This move immediately set up a false racial dynamic that surely stirred up tensions in the country (Washington Times 2013). In addition, a major error on the part of the press was claiming Zimmerman had no injuries flowing the incident, which makes Zimmerman out to be the instigator and questions his claim to self-defense (Washington Times 2013). It was later reported that Zimmerman had indeed suffered injures to the head, the eyes, and the nose which are characteristic of someone who has just been struggling (Washington Times 2013).

Perhaps the false evidence supplied by the media that proved to be the most arousing was their description of Martin’s history.  The media spoke of Martin as a good student, further fueling the fire of racial profiling. However, upon further investigation, it was found that he had a history of disciplinary action against him, was on suspension at the time of the incident, and was also under the influence of marijuana (Washington Times 2013). The ethics of some sources of the media became even more skewed when it was found NBC and MSNBC had deliberately edited Zimmerman’s police call to portray him as a racist (Washington Times 2013). A controversial newspaper, the South Florida Times, also drew racial lines by saying that Sanford is “notorious for being biased against black males, and… has a history of justice being warped in favor of white people” (Washington Times 2013). Even the president of the United States included a slight addition to the racial aspect of the case. Obama told the media that “Trayvon Martin could have been me 35 years ago” and that if he had a son, it would be Trayvon (CNN 2013).

These racial dynamics that stirred tension nationwide proved to have lasting effects on the case. For instance the Sanford Chief of Police had initially refused to arrest Zimmerman simply because of the lack of evidence against the man (Brown 2013). This move followed the procedures of Florida law and chances are, if this were any other case, Zimmerman would have been investigated but not arrested (Brown 2013). However after the nationwide debate sparked by the racial dynamic that arose, Zimmerman was later arrested and charged with killing Trayvon (Brown 2013). Additionally, we see the issue of race arise in the opinions of the jurors. Juror B37 conducted an anonymous interview after the legal proceedings, and even though she voted Zimmerman as not guilty, race played a definitive role in her logic (Brown 2013). In her interview she argued that she had “no doubt” Zimmerman feared for his life when he confronted Martin (even though Zimmerman was the one that initiated contact) (Brown 2013). She also believed that Zimmerman’s heart was in the right place when confronting Martin and she based her decision of these factors (Brown 2013). Unfortunately, history shows that with discriminatory policies that enable certain individuals, such as Stand Your Ground, poor blacks’ legal and constitutional rights are seldom questioned (Brown 2013).

Race as a factor was also seriously inflated by the media in OJ Simpson’s case as well. It is a well known fact that even a modest amount of publicity before a trial can negatively affect perceptions of a defendant’s innocence or guilt, and it goes without saying that Simpson’s trial received massive amounts of pre-trial attention trial (Fairchild and Cowan 1997). Immediately after Simpson had been arrested, Time magazine released a cover photo on a magazine with a darkened photo of Simpson holding an identification placard, and a heading that stated ‘An American Tragedy’ (Time 1994). The photo depicts Simpson as menacing, unemotional, and guilty, all before the trial even began (White 1996). The message this sends from the ruling-class (who has a monopoly on the media) is that a violent interracial crime with a black perpetrator and white victim is the ultimate crime (White 1996). It has even been found through studies that these crimes are far more publicized than intraracial crimes (White 1996). One more stunning aspect of Simpson’s trial is the deliberate makeup of the courtroom to address the question of race. The judge chosen was of Asian descent (perhaps to remain more neutral in the eyes of the public), and both the main defense attorney and prosecutor were African-American. This intentional design shows that all sides of the case were carefully considering how race was going to come into play in the criminal trial.

Section 2: A History Of Injustice and Influences Surrounding Both Cases

These were the reporting’s, both factual and forged, that were circulating the country immediately following both cases. Now it is important to look at what sort of impact these media induced racial dynamics had leading up to the trial and on the trial itself.

Both cases follow a history of grievances in the African-American community regarding justice. Skepticism and fear of reopening new wounds helps form a strong and united opinion from the African-American community in both situations. The black communities opinion regarding the Trayvon Martin case was one of indignation, perceived vulnerability, and disapproval. Many in the African-American community looked at Simpson’s trial with the long history of negative relations with American jurisprudence very close in mind trial (Fairchild and Cowan 1997). These fears in the African-American community that have historical context are very real and very justified. For instance in Washington DC it is estimated that three out of every four young African-American males (and nearly all in the poorest neighborhoods) will serve a term in prison in their life (Lyubansky 2013, cited from D.C. Department of Corrections data from 2000). These fears are reflected in the opinions of American minorities. In a Christian Science/TIPP poll of nine-hundred and six adults found that twice as many Blacks and Hispanics (73%) than Whites (36%) thought race played a role in the shooting of Martin (Lyubansky 2013).

Some members used Trayvon’s death as unfortunate proof towards the necessity of ‘The Talk’. The Talk is a lesson some African-American parents choose to pass down to their children regarding the extra precautions they must take in society, simply because of the color of their skin. As Donna Britt explains in an NPR interview “my oldest son had just turned 12 and I knew that he was shifting from being adorable and sweet and cute into something that could be perceived as threatening and frightening to people who had no idea who he really was” (NPR 2012). This society induced perception of the dangers of the world compelled Britt to let her son know what living in America is like when you are seen differently. The talk was described as “a survival guide for Apartheid America” (Hanley 2014). One scholar of the African American community wondered how it is possible warn African American youths without instilling a sense of fear and dashing hope for the future in America at the same time (Hanley 2014). It was sentiments from the African-American community such as these that further drew the Trayvon Martin case among racial lines, and had the community primed to react (Lawson 2012).

All of the emotions and drama regarding the case formed into a national movement. What started with an outcry primarily from the black community soon evolved to people of all races, from all walks of life. Community members across the US showed their unity by chanting the slogan “I am Trayvon” (Lawson 2012). In addition, students across the nation walked out of class in protest of what they saw as a lack of effort on the part of the government to prosecute (Lawson 2012). This agglomeration of support for George Zimmerman to go to trial for his actions eventually led to an outside prosecutor being hired and a charge of murder being brought against Zimmerman (Lawson 2012). This seemed to satisfy the public outrage and projected riots that seemed eminent (Lawson 2012). This is the point in the Zimmerman case where popular opinion and outcry causes the case to transcend the boundaries of America’s legal system. In any other case where race and popularity were not factors, the case would have ended here. Ideally, the law should not look at the factors of race and public outcry in the case and whether or not a third-party agrees with Floridian law is beside the point. However these two factors bent the legal proceedings of the case and consequently, the case went to trial.

The extreme public opinion regarding OJ Simpson’s case seemed just as ready to detonate before the criminal trial. However, the popular opinion from the black community was to have OJ Simpson set free. There was a real threat of race riots breaking out in the streets of Los Angeles if Simpson was found guilty, not very different from the riots that followed the Rodney King case three years prior (UMKC 2014). Perhaps the African-American community did not trust the evidence of the police and prosecution simply due to the long history of abuses these institutions have committed against the race. One theory of social science explains that movements such as the one that came in the wake of Simpson’s arrest are not a result of the static personal attribute of race (Fairchild and Cowan 1997). The theory holds that these movements gain momentum because of the intergroup processes that are symbols of identity, and that they are especially likely to grow when issues of inequality or social justice are at hand (Fairchild and Cowan 1997).

However, there is also a strong argument in the black community to look beyond the skin color of Simpson, and to judge him based on the evidence. Christopher Darden, an African-American prosecutor who was part of the Simpson criminal trial believes the black community was “used by [Simpson] and his dream team” and that “he lied to us, the black community, just as he lied to the jury” (Darden 1997). Darden believes that the black community was wrapping a double murderer in “a cloak of brotherhood” (Darden 1997). He comes to this conclusion partially out of the two-faced opinions he encounters on many occasions in the black community. The prosecutor states that “it’s frustrating to see so many blacks who publicly applauded Simpson, after the criminal trial privately confess, albeit reluctantly, that they too believe he’s guilty” (Darden 1997). Darden also says he had encountered many prominent African Americans who refuse to state a public opinion “Because they are afraid…to suggest he’s guilty” (Darden 1997). This shows that there is real and tangible evidence of citizens struggling to decide based on race or factual evidence.

Section 3: The Effects That Race As a Factor and Outside Influences Have On The Cases Proceedings

As both court cases began, it became clear that the racial aspects of both cases were going to be employed by all parties involved. In Trayvon Martin’s case, the argument of racial prejudice really stems from susceptibility the African-American community’s who have historically been targeted for such discrimination have faced. Trayvon Martin had been unarmed, walking down the street to simply buy candy and the only crime he was truly guilty of was being black (Lawson 2012). This seemingly (and evidentially) senseless killing only reopened the wound of the black community of racial discrimination on the street and perhaps in the courtroom (Lawson 2012). One somber takeaway from this tragedy might be that an individuals racial identity can bring them real and dangerous consequences if they are not cautious of their surroundings, even in modern day America (Lawson 2012). This is one sobering aspect of life in contemporary America that we can change. Even though the wheels of civil and political rights for African Americans have turned stubbornly slow, they have made progress and we as a country can prevent this type of susceptibility for minorities if changes are made.

Another popular argument that notes racial discrimination in Trayvon Martin’s case stems from confusion regarding the complicated Stand Your Ground law. One argument as to why state prosecutors did not initially pursue murder charges against George Zimmerman is that the case simply would not gain any traction against the crippling limitations of Stand Your Ground. However, another valid argument instigates that racial inequity might have been a factor (Lawson 2012). Studies that have analyzed the prosecutor’s initial assessment of the case show that the dissertation contains multiple examples of discrimination (Lawson 2012). Other studies analyzing prosecutors’ decision to prosecute fully or to dismiss a potential case have found that the probabilities of prosecution went up when the victim is white (Lawson 2012). This clearly shows that the decision making process of prosecutors is in no way completely objective. From this one can argue that Martin’s race may have played a factor in the prosecutor’s initial decision.

In OJ Simpson’s trial, the race of the defendant in correlation to the surrounding factors was used very well as an argument by Simpson’s legal team. Perhaps one of the arguments that changed the tide of the case the most was the unfortunate background of the lead investigator, Mark Fuhrman. During the criminal trial, Fuhrman initially denied ever using the “N” word in the ten years previous from the date of his cross-examination (UMKC 2014). However, as it turned out, Fuhrman had quite the record as a bigot and a racist. In 1985, Fuhrman had given a taped interview to a woman working on a screenplay involving women in the police force (UMKC 2014). In the interview, Fuhrman bragged about both being a member of a secret organization within the LAPD called MAW (men against woman), and about beating and torturing gang members (UMKC 2014). Fuhrman’s views on African-American’s was very clear as he said he would tell blacks he encountered on the job “ You do what you’re told, understand, n#$%er?” (UMKC 2014). In addition, Simpson’s defense team made extremely controversial comparisons at the end of the trial in front of the jury comparing Fuhrman to Hitler (Darden 1997). This is a dramatic play that shot for the pathos of the jury. Therefore there are clear examples of racist influences present in the trial, and this perhaps led the case astray, away from the incriminating evidence. One African American perspective might see Simpson receiving “White Man’s Justice” or in other words the ability to escape criminal punishment because of wealth and celebrity, regardless of guilt (Fairchild and Cowan 1997). However, it can also be seen as a professional having his record soiled and a career ruined because of unfortunate circumstances (Fairchild and Cowan 1997). Whether Simpson was truly guilty of a double homicide or not will never be known as the case has been closed.

The cases of Trayvon Martin and OJ Simpson are both what normally would have been open and shut cases if race and outside influence were not factors. Trayvon Martin’s case would have quickly been closed procedurally due to the Stand Your Ground Law as many cases like it had previously. OJ Simpson would have been convicted on two separate counts of murder with a stack of hard evidence piled up against him. And yet, as history shows, the outside influences of the cases and the factor of race as an argument led them to become nationally recognized trials. These trials show that our judicial system is not perfect, and every once in awhile, lady justice peeks from behind her blindfold to see the color of skin.

Section 4: Looking Towards The Future: Reversing The Effects of America’s Original Sin Through Systematic Reform and Education

Now we must posit the question of the future and contemplate how we as a country can move past the lingering reverberations felt from America’s Original Sin. The first issue that needs to be addressed regarding these two trials is the virtue of morality in the media. Pre-trial media exposure in both of these cases brought outrageously false reporting that instigated much of what became racial lines drawn in the sand throughout both trials. We, as a country, need to push for ethics in the media. Whether it be through our representational government, or by protesting media outlets that continue to this day to sell-out and report what will get them publicity however false and slanderous it may be, a change is needed. The issue of corruption in our correctional system also needs to be addressed as the former police officer Mark Fuhrman shows. Proper vetting for officials and racial sensitivity can go a long way in our judicial system. To say that racial sensitivity training is unnecessary in our judicial system would coincide with saying race is no longer an issue in contemporary America. As the evidence shows, racism is still alive and present in both. Finally, at a more grassroots level, programs for basic literacy and educational programs for the general public about how the court system works, what our rights are, and empowerment programs for minorities can go a long way in the fight against racism in our judicial system.

 

 

Works Cited

 

 

Brown Jr., Owen. “The Legal Murder of Trayvon Martin And New York City Stop-And-Frisk Law: America’s War Against Black Males Rages On.” Journal Of Black Studies 37.4 (2013): 258-271. Academic Search Complete. Web. 21 Apr. 2014.

Botelho, Greg. “What happened the night Trayvon Martin died.” CNN. Cable News Network, 1 Jan. 1970. Web. 3 Mar. 2014. http://www.cnn.com/2012/05/18/justice/florida-teen-shooting-details.

Darden, Christopher. “Justice Is in the Color of the Beholder.” Time International (Canada Edition) 149.7 (1997): 26. MasterFILE Premier. EBSCO, 17 Feb. 1997. Web. 31 Jan. 2014.

Fairchild, Halford H., and Gloria Cowan. “The O.J. Simpson Trial: Challenges To Science And Society.” Journal Of Social Issues 53.3 (1997): 583-591. Academic Search Complete. Web. 20 Apr. 2014

Fagen, Cynthia. “Banshee Nicole Led Me to Murder.” New York Post. 15 Jan. 2007. Web. 3 Mar.                 2014. http://nypost.com/2007/01/15/banshee-nicole-drove-me-to-murder.

Hanley, Delinda C. “Trayvon Martin And “The Talk” No American Child Should Have To Hear.” Washington Report On Middle East Affairs 31.3 (2012): 34. MasterFILE Premier. Web. 31 Jan. 2014

Harper, Christopher. “Media misreporting rampant in Trayvon Martin case.” Washington Times. The Washington Times, 26 June 2013. Web. 3 Mar. 2014. http://www.washingtontimes.com/news/2013/jun/26/harper-media-misreporting-rampant-in-trayvon-marti.

Lawson, Tamara . ” A FRESH CUT IN AN OLD WOUND-A CRITICAL ANALYSIS OF THE TRAYVON MARTIN KILLING: THE PUBLIC OUTCRY, THE PROSECUTORS’ DISCRETION, AND THE STAND YOUR GROUND LAW.” University of Florida Journal of Law & Public Policy 23.271 (2012): 1-33. Lexis Nexis. Web. 21 Feb. 2014.

Lyubansky, Mikhail. “Restorative Justice For Trayon Martin.” Journal For Social Action In Counseling & Psychology 5.1 (2013): 59-72. Academic Search Complete. Web. 21 Apr. 2014

“Mark Fuhrman.” Mark Fuhrman, Biography, O.J. Simpson Trial. Web. 1 Mar. 2014.       http://law2.umkc.edu/faculty/projects/ftrials/simpson/fuhrman.htm.

National Public Radio. “A Mom’s Advice To Her Young, Black Sons.” NPR. NPR, 22 Mar. 2012. Web. 3 Mar. 2014. http://www.npr.org/2012/03/22/149126015/a-moms-advice-to-her-young-black-sons.

“The Trial of O. J. Simpson.” Famous American Trials. Web. 3 Mar. 2014. <http://law2.umkc.edu/faculty/projects/ftrials/simpson/simpson.htm>.

Time Magazine. “TIME Magazine Cover: O.J. Simpson – June 27, 1994.” Time. Time Inc., 27 June 1994. Web. 3 Mar. 2014. http://content.time.com/time/covers/0,16641,19940627,00.html.