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FERGUSON AND THE MEANING OF “JUSTICE”

1408390089660_Image_galleryImage_Officer_DARREN_WILSON_picstlouis13n-14-webThe Grand Jury in Missouri appears to have rendered its decision in the shooting investigation Michael Brown. It is expected to be announced shortly. Below is my column in USA Today.

In anticipation of the decision on whether to indict officer Darren Wilson for the killing of Michael Brown, the town of Ferguson, Mo., is a virtual armed camp. Schools are closed. The National Guard was called out when the governor declared a state of emergency. The emergency? A grand jury announcement.

While most protesters have engaged in legitimate and lawful speech, others used the shooting of the black teenager by a white police officer as justification to loot the town. State and federal forces are assembling in Ferguson in expectation that some protesters will riot unless there is a criminal charge. Those who insist that “justice” can be found only in jail for Wilson are speaking not of real justice but mob justice.

After the fatal encounter on Canfield Drive, there was good reason for many to question the shooting of Brown. The 18-year-old was unarmed, and police say he had committed a minor theft before being stopped by Wilson. Given the continuing cases of the profiling and shooting of black males by police, there was ample reason for suspicion. However, there was also ample reason for caution before declaring Wilson was a murderer.

Dueling stories

Within hours of the shooting, two clear and equally plausible narratives emerged. From the police account, Brown attacked Wilson after the officer confronted him for blocking the street. In the ensuing struggle in the patrol car, Brown was shot when he grabbed for the officer’s gun and then shot repeatedly outside of the vehicle. From the account of Brown’s friend (and others), Wilson gunned down Brown after the stop without provocation, including shooting him when he had his hands in the air. Each account has one of the men acting in an unprovoked and violent manner. If either account is true, it will be determined through investigations, not demonstrations.

Rioters, who somehow rationalized looting as acts of moral outrage, weren’t willing to wait for evidence. What is surprising is that national and local leaders showed the same impatience.

220px-Jay_Nixon_cropSoon after the shooting, Missouri Gov. Jay Nixon referred to Brown as the “victim” despite Wilson’s insistence that Brown attacked him. Nixon denounced the police for releasing video that they say shows Brown robbing a store and threatening the clerk as besmirching the victim. Nixon also called for the pursuit of “a vigorous prosecution” for the shooting. A governor’s foremost responsibility is to demand not prosecution but the truth from an unbiased investigation.

Premature federal role

holderericAttorney General Eric Holder was also criticized for his reaction. Holder said he shared the same experience of profiling and abuse at the hands of police. As he did in the Trayvon Martin case, Holder sent in federal civil rights investigators before the initial investigation ended. Such federal investigations are ideally launched after state trials or, at a minimum, after an investigation is complete. When the federal government steps in, it can make the process look political and ultimately fuel discontent when it too rejects charges. Even before the grand jury has rendered its decision, The Washington Post reports that Holder’s investigators failed to uncover evidence to support civil rights charges.

That’s because the evidence in this case gives Wilson a strong defense. Brown allegedly was coming from the commission of a crime where he appeared to threaten a store clerk. The forensic evidence appears to contradict those who insist that Brown was not shot in a struggle but with his hands in the air. There is evidence that Wilson was injured in a struggle, the gun was discharged in the car and Brown was shot at close quarters leaving blood on the gun. Finally, more than a half-dozen black witnesses reportedly gave testimony supporting Wilson. Other scenarios could explain the evidence, and there is still the question of why so many shots were fired. But those questions might never be answered, a reality of some criminal cases.

The law requires us to deal with facts, and when those facts do not support a criminal charge, prosecution is barred regardless of popular demand.

In the end, it rings hollow to cry “no justice, no peace” when you are rioting or looting. There can be no justice if it is merely the result of demonstrations rather than demonstrated facts. Otherwise, the scales of justice become just one more object to throw through the window of an appliance store.

Jonathan Turley, a law professor at George Washington University and a member of USA TODAY’s Board of Contributors, has represented both protesters and police officers.

November 24, 2014

301 thoughts on “FERGUSON AND THE MEANING OF “JUSTICE””

  1. Everyone has seen the video of Mike brown taking cigarillos from a convenience store, and shoving the clerk. Deeds for which he certainly deserved to be punished.. I am not going to beat any drums or cheer such illegal behavior.. That said however.. Much ado has been made over that video, and what it says about mike brown as a person. But how many people know the background history of officer Darren wilson. How many know that last year wilson was given divorce papers from his ex-wife, who cited as the grounds for the divorce, among other reasons, wilsons quick temper, and abusive behavior. How many know that officer wilson, and his current girlfriend, Ferguson police officer Barbara Spradling, have been linked to the missouri chapter of the KKK. Below is a video of Darren wilson arresting a man for video recording his interaction with wilson. Recording your interactions with any public official in a public setting is a right, protected by the First amendment of the constitution. So meet the real officer Darren wilson. Lawbreaker. Oathbreaker. Wife beater, and racist member of the KKK.
    https://www.youtube.com/watch?v=6wAkbovfTeA I am not prejudice, and for me the evidence that has been presented thus far clearly supports both the police, and the protestors narrative of events.. But I for one am thankful that because of these events darren wilson will likely resign, and no longer be a cop.. It is one less corrupt POS I have to worry about abusing the general public.

  3. They’re calling a thoughtful and reasoned blogger @ FFS a racist as well. He has the temerity to call the Sharpton and his ilk “The Grievance Syndicate.” I hope Bob, Esq., the blogger in question, comes over here to comment. He used to.

    1. “The Grievance Syndicate.” This applies very well to the GOP too, which makes sense because both the tax evader Sharpton and the GOP have a lot to bicker about as a ‘distraction show’.

  4. Apparently it’s racist to show photographic evidence of looting. Liberals care not about evidence. They want to lynch a cop and want to enable looting. Perfect.

    1. Or perhaps the people of all political leanings want to see the video of the 7 shots pumped into the body of the unarmed. No one wants to celebrate lootings rather condemn it.

      Having said that, this egregious crime of looting should not become a curtain behind which the truth should be hidden. The findings of truth means freedom, one may call it liberty which makes people liberal and hence liberated.

  5. FIVER –
    If your law practice occasionally involved cases that involved elements of the Federal Government, keeping your name in the MSM might help burnish your reputation as a fine lawyer and counselor who is a fair and balanced, zealous advocate…especially on matters that involve conventional thinking and the inherent superiority of accepted status quo notions revered by your powerful present and future clientele – you would be well advised to keep your personal views under wraps – especially where they might be in conflict with others in your class and station in society.

  6. Didn’t John Wayne and Ronald Reagan shoot the bad guys in the old Western movies?

    I’m thinking the guy that robs the general store, beats up the merchant, ignores orders from the Sheriff, assaults and batters the Sheriff, shoots the Sheriff’s gun, wounds the Sheriff, escapes the Sheriff and finally turns on the Sheriff in an attack mode, gets shot by the Sheriff.

    When did the bad guys become the good guys?

    What the hell happened to America?

    The executive branch is in criminal overreach.

    The judicial branch is in criminal overreach.

    America will never have “checks and balances” with the overreach and corruption. The Congress and Senate are going to have to unsheathe the sword of “impeachment and conviction” and wield it mightily against these rogue branches that overreach and usurp with impunity.

    How egregious has the unbalanced, narcissistic community organizer, obama been for 6 years as he was “enabled” by that evil, corrupt nullifier of the Constitution, John Roberts.

    P.S. WTF is the Federal Reserve Board? Does anyone know? Bernanke said he “evolved” the Constitution. What? He wasn’t “drawn and quartered” for subversion, insurrection and treason. QE1, 2, 3, 4, 5, etc. is constitutional? Hell no! Massive for profits for international banksters whose Machinations insidiously manipulate America’s interest rates and hyper-print its currency. America its production and its tax revenue are the playthings of the international conspiracy to control the world. No bad guys here.

    OH HELL YEAH! LET’S GET THE BAD GUYS, MARSHALL DILLON.

    THIS IS AMERICA!

  8. The police have been lying however.. They have made numerous claims that mike brown was shot about 35, or so feet from wilsons suv.. yet looking at the photos taken at the scene.. the actual distance is closer to 140 feet.. big difference.. especially with wilson trying to claim that he shot mike because mike was charging him, and he felt n fear of his life.. also.. it should be noted that it is illegal in Missouri, for a law enforcement officer to fire his weapon at a fleeing suspect.. Unless he can demonstrate that there was some immediate threat to the general public.. Yet the audio recording that captured the shooting, clearly demonstrates that wilson did indeed immediately continue firing his weapon, several times after the first initial shots, than a pause, and finally the fatal shots fired.

  9. So right fiver. Racism on display tonight on these threads. Is this what RIL has become now?

  10. The internet apparently now provides the anonymity that cowardly bigots previously required white hoods to achieve.

  11. @Trooperyork

    Maybe he needs the phones sooo he can call Eric Holder??? FWIW, the Ferguson Decision is now going to be released at 9:00 Eastern Time. I guess they are hoping the rioters and looters will be dead drunk by that time???

    Squeeky Fromm
    Girl Reporter

  14. Interesting how calls for a fair investigation and public trial are being treated as calls for “mob justice.” What is being referred to as “evidence” in favor of the killer are selective leaks by a self interested police department and prosecutor rife with conflicts of interest.

    What is undisputed is that an unarmed teen was repeatedly shot until dead. Eyewitnesses have told their story and been questioned publicly. The “official” version? An anonymous right wing radio caller named “Josie” related what authoritarian propagandists have since been using as the the storyline for justifying this killing along with whatever leaks conveniently fit into “Josie’s” storyline. Yeah, right.

    What exactly is Wilson’s story? He didn’t even write a report. He didn’t need to; he had “Josie.” Good to know that a killing is presumed justified if you have sufficient police and prosecutorial connections – and some high profile propagandists on your side.

    Eventually Wilson apparently did testify, in secret, before the grand jury. That, in and of itself, is a powerful reason to believe that the anticipated no bill (or low bill) is the result of a highly corrupt process. That should be a red flag even to a law professor.

    No lawyer advises her client to testify before a grand jury: the defendant’s attorney is not permitted to attend, and the waiver of the fifth amendment right against self incrimination is unlikely to be beneficial.

    As most lawyers (and even some law professors) are aware: even a minimally competent prosecutor can convince a grand jury to indict a ham sandwich. It has long been a well worn cliche. Were Brown accused of killing Wilson, Brown would have been in jail and indicted in less than a week on an hour’s worth of “evidence” or less.

    But this case is different. Wilson did testify before the grand jury. Why? Because he did have his lawyer present. That lawyer was the prosecuting attorney.

    D.A. McCulloch’s office has played this game before. http://www.newsweek.com/ferguson-prosecutor-robert-p-mccullochs-long-history-siding-police-267357

    But this case has national attention. We’ll see how well the propaganda effort works this time.

  15. Only the prosecution presents evidence to the grand jury. So the bar in much higher to convict Wilson, just think of the O.J. trial, it takes all the jurors to convict

  18. On average, something like 40 murders and 30 suicides happen in the U.S. per day. You’re lucky if the local media devote more than 10 seconds of air time to each of them. Then they are forgotten to all except the immediate victim’s family and acquaintances. Mere statistics.

    But once in a while a death/crime occurs that the media can pump for ratings gold and turn the human tragedy into a macabre form of entertainment. Interestingly, some of these media ratings bonanzas end up being hoaxes, such as Tawana Brawley and the Duke lacrosse rape hoaxes, and in others the cases are so weak that the accused walks away, such as George Zimmerman and now possibly officer Wilson. And in other cases the jury just decides to let a man who likely committed a double murder walk away, as with O.J.

    No matter what the grand jury’s decision is, the media and Al Sharpton are always the big winners. They always enrich themselves from these media generated frenzies that involve race. Thankfully, while the media and Rev. Al take their riches to the bank, we can now go on twitter and social media and call each other racists and talk about how horrible the country is and always has been. Progress!

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