The Laws That Killed Eric Garner

From Ferguson to Staten Island, America’s Failure of Justice

No Justice, No Peace: Demonstrators protest a grand jury’s decision not to indict a New York police officer in the chokehold death of Eric Garner.
No Justice, No Peace: Demonstrators protest a grand jury’s decision not to indict a New York police officer in the chokehold death of Eric Garner.

By Jay Michaelson in The Jewish Daily Forward

My hands are quaking with rage right now, but I will choose to write rationally. I can’t believe this has happened again, and happened here, in my own backyard.

“This” being a grand jury failing even to indict a white police officer for killing an unarmed black man. Not even a trial. Not even a public hearing of the evidence.

And this time with a video of the entire incident, which is your moral responsibility to watch.

But I fear that my own city is soon to be engulfed in violence, and the violent people are right. So for that reason, I will try, if I can, to take refuge in reason, and in law.

It’s true that the forces that killed Eric Garner include white supremacy, racism, anger, violence, fear, a broken criminal justice system, a broken healthcare system, and ignorance. And yet another overreacting white police officer.

But I want to focus on law, because it’s something we can do something about. Right after the Ten Commandments on Mount Sinai, after all, the Bible famously goes into a thousand tiny details of mishpatim, laws. By detailing everything from rules of evidence to the damages for a stolen lamb, the book of Exodus makes a strong claim: that the lofty moral imperatives of Sinai only have meaning if they are translated into just laws. The God is in the details.

American law, however, helped kill Eric Garner – and it will kill more black men like him in the future. Specifically, there is a lethal nexus between judicial deference to police officers on the one hand, and the expansion of police power on the other. Each alone is problematic, but together, they make justice nearly impossible.

Read more at The Jewish Daily Forward

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