Justice, Accountability and Consequence

The trial of Derek Chauvin and the courage of the jury to find him guilty on all counts is a step in the right direction. No one can watch that video and think differently. There are several points that bear emphasizing.

It is rare for police officers to cross the thin blue line. By necessity police officers watch out for and protect one another. They have each other’s backs, and it’s a good thing. Bravo to the brave officers who were willing to stand up and say there is a limit. Breaking ranks with fellow officers is a really big deal. Let’s hope there is no blow back to them for their actions.

According to Philip Stinson, a professor criminal justice at Bowling Green State University, there have been 140 law enforcement officers who have been arrested for murder or manslaughter resulting from an on-duty shooting in the U.S. since 2005. And of that number, only 44 have been convicted of any crime—usually a lesser offense.

The Chauvin verdict is the equivalent of the jury “throwing the book at him.” Finding him guilty on all counts is significant. Second degree murder is murder that is not pre-meditated, but is intended to inflict bodily harm and shows reckless disregard for human life. Third degree murder is unintentionally causing another’s death while committing a dangerous act. Minnesota is one of only three states that have a third degree murder statute.  Second degree manslaughter is culpable negligence where a person creates an unreasonable risk and consciously takes the chance of causing death or great bodily harm to someone else. Chauvin was found guilty of committing or intentionally aiding in the commission of this crime.

By finding him guilty on all counts, there is no “wiggle” room for his accountability and culpability. His motives and actions are exposed, regardless of his intent. One cannot hold a knee on someone’s neck for over nine minutes and not expect grave bodily injury. The jury made it clear that actions have consequences.

While people are heralding it as a new day in police accountability, it is important to remember that this is one high profile case where one police officer was held accountable. It does nothing to root out systemic racism in police departments. It does nothing to change the techniques and standards of law enforcement when it comes to people of color. The sad truth is that very little will change in policing as a result of this verdict. Indeed, while Chauvin’s trial was underway, a 13 year old black boy was fatally shot by police. Adam Toledo was killed with one shot to the chest when his hands were clearly in the air in a position of surrender. Yes, he may have had a gun, but he had discarded it and was facing the officer with his hands clearly visible.

It takes a lot to change a culture.  First, it needs to be not just a people of color’s problem. It is a problem that belongs to us all. It is important for white people to use our power and influence to stand with Black Lives Matter movements and other efforts to call police to accountability. Sadly, there is evidence that Black Lives Matter protests are primarily drawing people of color. White people are not affected so they don’t participate in significant numbers to create the kind of public pressure needed to effect change. Public outcry to legislators needs to create pressure to change laws and change the current system.

It may be that the greatest improvement in police accountability is the invention of the cell phone video camera. Without the footage shot of Derek Chauvin, which later went viral, there would be no account of what actually happened. It would be a group of people of color against the words of police officers. And we all know how that would turn out.

All this by way of saying, we cannot think for a moment that the reality of police violence against people of color has changed in any significant way. There is still a partisan divide about police violence. Yesterday Democrats and left-leaning social activists celebrated the verdict. The response from Republicans was muted. There were a few who hailed the workings of the legal system and more than a few who claimed ignorance about the trial. The usual suspects, Ted Cruz, Josh Hawley and a few others called for a mistrial in the aftermath of the comments of Maxine Waters, President Biden and Vice President Harris.

Until there can be agreement about the basics of human decency, dignity and morality, we have little hope of meaningful police reform. Keep those video cameras at the ready.