For more than a month, the shooting of Trayvon Martin has sparked a nationwide discussion about justice and racial stereotypes.
Another topic that has come into play, however, is the legal rights of citizens who feel the need to protect themselves from individuals who appear threatening.
In circumstances that are still unclear, Martin, an unarmed 17-year-old was shot and killed on Feb. 26 in Sanford, Fla. while walking to the home of his father’s fiancé. The person who shot him, George Zimmerman, claims the act was done in self-defense, and said he was operating in his capacity as a neighborhood crime watch coordinator.
Supporters of Zimmerman say he was acting within his rights under Florida’s “stand your ground law,” which states that a person may use force in self-defense when there is reasonable belief of a threat, without being required to retreat first.
Like several other states, Indiana has a similar ‘Stand Your Ground’ law on the books (see sidebar).
“It’s a very dangerous and confusing law,” said Dr. David Hampton, pastor of Light of the World Christian Church and a member of the Indiana Chapter of the National Action Network (NAN) civil rights organization.
On Sunday, Hampton led a march for social justice in Travyon Martin’s memory near his church. He said the ‘Stand Your Ground’ law is troublesome because it leaves an open interpretation of what could be considered suspicious.
“What are the standards? Trayvon was unarmed, so apparently all it took for him to be viewed as suspicious was a hoodie and his skin color,” Hampton said. “Do we want the same thing that happened in Florida to happen here?”
Neighborhood organizations and crime watch groups in Indianapolis have been asking the same question. That is why many of them are reviewing their procedures and consulting with police to determine how to best handle suspicious people in their area.
Neighborhoods throughout Indianapolis are part of district Crime Watch groups (such as the one claimed by Zimmerman) that work with police to prevent crime and vandalism.
“Crime Watch has been an integral part of this community for many years,” said Marcia Warrington, a watch volunteer in her Northwestside neighborhood, and a board member of the Marion County Alliance of Neighborhood Associations. “We have always had coordinators and police who come in and show us protocol.”
Warrington noted, however, that she and several other watch volunteers she knows were not familiar with the ‘Stand Your Ground’ law before the Martin shooting.
“I’m more familiar with the old concept ‘they gotta’ first come across your door before you have a right to use force,’” she said. “I didn’t know anything had changed. We have never been told to use guns as part of Crime Watch.”
Warrington theorized that increased crime on bike and walking trails in Indianapolis has led to a greater emphasis on the rights of residents who own guns.
“The only good thing about the Martin shooting is that we understand what the law is now, which is important because a lot of people own guns,” Warrington said. “I’m sometimes surprised by who has a gun, even in the crime watch group. Some of the old ladies have guns in their homes and can easily use them.”
Hampton believes the ‘Stand Your Ground’ law requires serious review from residents in the community and legislators.
“We need to use these recent developments as an opportunity to at least have a discussion about it,” he said. “Once you kill somebody and later discover they weren’t a threat, you can’t bring them back.”
What should be done?
The Indianapolis Metropolitan Police Department, IMPD, encourages residents to always be on the lookout for signs of a suspicious person, whether through their looks or their actions, that can help determine whether authorities need to be contacted.
“At no time should a person consider an individual’s race alone as a sole factor in determining suspicious behavior, but have an outlook at the totality of the circumstances,” said Kendale Adams, a spokesman for IMPD.
Adams said activities from suspicious people can include parking their vehicle in an unusual place (like a public park or in front of a school) for an extended period of time; taking pictures or video of people in a public or private place (especially if children are in the area); slowing down a vehicle to watch others in the area; and moving from house to house or car to car, peeking inside windows or trying to open doors.
“It is still important to assess the situation before you jump to the conclusion that the activity needs to be reported,” Adams said. “There may be a plausible reason why the suspicious person is acting the way they are.”
If the suspicious person appears to be threatening, a resident should avoid engaging or pursuing them, and instead report details of their appearance and activity to authorities.
However, if a citizen is approached by the person and engagement cannot be avoided, Indiana’s law does justify a person using “reasonable” force to protect their safety or a third person from serious bodily injury.
“No situation is the same and IMPD encourages citizens to act within the limits of the law,” Adams said.
Indiana’s law
Indiana is one of several states that has a version of the law known as ‘Stand Your Ground,’ which states that a citizen can use deadly force if there is reason to believe someone is a threat.
According to the Indiana Code 35-41-3-2, a person is justified in using reasonable force against another person to protect himself/herself or someone else “from unlawful force.” They are “justified in using deadly force if the person reasonably believes that it is necessary to prevent serious bodily injury or harm.”
