We need a diversion from the never-ending discussion of the Trayvon Martin case – a good, juicy political sex scandal, for instance. I would like to highlight a few points from Jeffrey Scott Shapiro’s July 17 column in The Washington Times, titled Why Justice Has No Case Against Zimmerman… to note how many of the possible options for further prosecution can be answered with the phrase there is no evidence or with words to that effect.
For example, Mr. Shapiro starts out by saying that under federal law, the Justice Department has the power to prosecute criminal acts of violence motivated by racial hatred…but the government does not appear to have a case.
He elaborates by mentioning the Justice Department’s options:
1. The Justice Department would probably lack federal jurisdiction…since the killing occurred within a state territory, not a federal property; in short, there was no federal territorial jurisdiction;
2. Section 242 has been cited for those acting under color of law (applying to someone with government authority – a police officer, for example). Zimmerman did not work for the government; this statute would not apply;
3. Section 241 has been cited to prosecute private citizens who are not acting under color of law, but as this statute applies to two or more who conspire&
