Thursday, December 4, 2014

Garnering Favor


It was announced yesterday that no bill was returned by the grand jury that had been investigating the “choke-hold” death of Eric Garner by a New York City policeman. The failure to indict him for any offense – murder, manslaughter, negligence, etc. – is troubling. It's not necessarily wrong, but it's troubling. 

A few days ago I wrote about a death in Ferguson, Missouri which I regretted, but viewed the community response as regrettable. I'm not inclined to write about the subject again, but the issues are different and the differences are worth pondering. Rather than flesh them out, I have simply outlined some of the thoughts that came to mind in response to the news. I leave it to the reader to consider them and reach his or her own conclusions.

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Background. There have been several recent deaths of unarmed blacks. There is a history of lynchings and lesser (but severe) prejudice in the United States. There is a high incidence of crime and statistically high numbers of criminals in minority neighborhoods.

The situation at hand.

Eric Garner
          His personal past and background
          There is no indictment of the officer who killed him
          Nature of his “offense”
          His reaction to the stop

Policeman
          Training – Would his actions have been different with a white defendant?
          Experience
          Prejudices
          Was he appropriately vindicated, or was he whitewashed because he was a                         white policeman and the victim was black?

Grand Jury Procedures
          What does a grand jury do?
          Who may testify?
          What evidence is permitted?
          What examination is permitted by attorneys for the state and for the defendant?
          How hard did the state's attorney try to get an indictment?

Grand Jury Members
          Composition of panel in terms of sex and race
          Their charge and the instructions to them
          Their authority
          Prejudices

Grand Jury Officials
          Judge
          Prosecuting attorney
          Defendant's attorney

Finality of action – Could another grand jury indict him?

Responses
          Community
                     Peaceful protest – lawful and warranted
          Justice Department
                    Additional investigation re: civil rights violation – appropriate?
          Is it second-guessing the grand jury?
          Is it double jeopardy?
          Should an investigation center on training methods – the system not the individual?

What is the relationship between the police (and government in general) and the community?

Is a white policeman automatically guilty in the black community?

Is he automatically innocent in the white community?

To what degree do minority rights and the desire to get the votes of the minority and their supporters “wag the dog?” Can elected officials not respond to the outcries of the community irrespective of the issues of right and wrong? Should they? Is another investigation warranted? Or is the administration garnering favor by favoring Garner?









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