I respect juries, generally. I respect the Ferguson grand jury. But if 12 jurors weighing the evidence as presented can conclude that no crime was committed -- especially when Joe Citizen would have assuredly been indicted on the same evidence, if not simply charged out of hand -- then the law itself is flawed. The law provides police an out after a shooting when they claim they were in fear for their lives. But our fear reactions carry biases, and are incredibly subjective. That subjectivity is a flaw. Crime has been falling for a generation. Crime is lower today than it has been since 1967 or so, and continues to fall. Crime has fallen fastest among African-American men. The rate of arrest of black men is completely out of proportion to the actual incidence of crime, particularly drug crime. And yet, we fear. Crime is a third of what it was in 1991. Are we two-thirds less fearful? No. Police are more likely to shoot and kill black suspects than white suspects today, because police are more afraid of black suspects than white suspects, without justification for that fear. This is the error in the law. Fear. The reasonable basis for fear must be accountable to an objective standard. Were a more courageous people than this.
Posted on: Tue, 25 Nov 2014 03:19:19 +0000