“Rule of Law”: Without Consideration of Equity by Law Enforcement and the Judicial Systems, the “Rule of Law” Alone Creates Destructive Injustice

[Note (26-June-17): Shortly after this post was published, the city of St. Anthony, Minnesota, through League of Minnesota Cities Insurance Trust,  reached a $2.995 million settlement with Philando Castile’s mother, Valerie Castile.]

See statement of Valerie Castile, mother of the late Philando Castile:  http://cbsloc.al/2twBJEO

In cases where an unjust ruling results, lawyers are quick to remind people that the judicial (and law enforcement) systems’ decisions must be respected. The lawyers never mention that the legal system also has obligations to ensure the maintenance of the respect of the rule of law. These duties are not solely operational duty of the workings of the judicial/law enforcement system, but also deeper work to ensure that the decisions reached by that system are objectively fair in all aspects of their work–operations and the treatment of those suffering injury.

The failure of the judicial system to take its equity portion of its decision mandate will be the cause of the collapse of the so-called rule of law. Since police officers are given permission to use deadly force and kill at the mere perception of fear, no matter the source, there must be accountability for every decision made with the use of lethal force. This type of leeway expanded to infinity can itself collapse the rule of law and civil society.

 

In the Philando Castile case in Minnesota, the Ramsey County Attorney, John Choi, was focused only on operational fairness as the representation of the rule of law. However, a human being died as a result of another’s (a police officer) panic and mistakes and the judicial system operational duty did not relieve any of the Castile family’s permanent pain caused by a Minnesota city’s police officer.

The judicial system in Minnesota, thus, sent the Castile family away with their loss and pain while praising itself for its operational fairness (while ignoring the fact that the operational fairness in this case (that is, the show investigation and trial (because of the U.S. Supreme Court cases of Graham v. Connor and Tennessee v. Garner ensured a finding of not guilty) compounded the injustice suffered by the Castile family)–and, on top of that, demanding respect for the “rule of law” and the decision of the jury.

(Author’s Note: For the safety of the public, the use of police officers as traffic ticket revenue sources must stop, given the limitless leeway for police officers to kill or injure at the slightest sense of fear.)

[See statement of Valerie Castile, mother of the late Philando Castile:  http://cbsloc.al/2twBJEO.]

 

“Colorblindness”: It’s Heartbreaking when Black Children Have to Plead for the Lives of their Parents; Supreme Court Cases, Graham v. Connor and Tennessee v. Garner Need to be Revisited

Human life is ultimately a intricate network. Tragic deaths as a result of police involved shootings, just like any other murders, causes significant damage to a family. Because of the unique nature of police-involved shootings however, where the person killing has the authority of the state to kill and bears little to no responsibility, the pain of loss is magnified exponentially.

In Charlotte, North Carolina, at a city council meeting, a nine-year old, Zianna Oliphant, begs the council members to protect the lives of the black parents (and ultimately of all black people).

It is a poignant statement. A statement no minor child should ever have to make.