UW student argues ‘killing and walking’ away hurts Americans
Throughout history the privileged have sought the right of life and death over “lesser” individuals. There are many instances in both western and eastern cultures, but one striking example is from feudal Japan.
Article 71 of the Osadamegaki (criminal code) gave the upper class a right called Kirisute-gomen; basically “killing and walking away”. Anyone of Samurai rank or above could cut down someone from a lower class (virtually everyone) if, in the opinion of the killer, the individual was behaving disrespectfully or in an “unexpected” way. The victims could be of any gender, age or condition.
At least the Samurai were expected to be well trained and to exercise some discipline and judgment. Our own killing and walking away laws, euphemistically and ironically referred to as “stand your ground”, exist in Florida and 24 copy-cat states.
The ultra-conservative American Legislative Exchange Council (ALEC), with consistent support from the National Rifle Association, promoted the laws creating a defense, or in some cases blanket immunity from any legal repercussions, for anyone who subjectively feels “threatened” by someone and decides to execute them. As with the Samurai, the word of the killer is generally sufficient (although in Florida it helps if there are no living eye-witnesses to contradict the get-out-of-jail-free card). As more and more bullies, gang members, spousal abusers, racists or mentally unstable individuals get wind of this loophole, we might all want to review our Last Will and Testaments.
Given the Florida law, George Zimmerman was not arrested after gunning down an African-American child who was armed with candy and iced tea.
Not only did Zimmerman, the son of a former United States Magistrate, kill-and-walk-away uncharged but, unlike the deceased victim, he was not tested for drugs or alcohol. Neither was he examined by police for any “defensive” wounds in support of his dubious claim that, despite an 80 pound and 9mm advantage, he was assaulted by the unarmed teen.
It appears that police choose not to interview the person who was on the phone with Trayvon Martin at the time he was killed.
Apparently, it is common for a Skittles-wielding youth to be talking on the phone while attacking a formidable adult, or perhaps the hoodie made him crazy.
Michael Basinger
Graduate Student
