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 backgroundThere 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
JudgeProsecuting attorney
Defendant's attorney
Finality
of action – Could another grand jury indict him?
Responses
CommunityPeaceful 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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