Google+
Close
Bias in Ferguson

Governor Jay Nixon at a recent press conference in Ferguson. (Scott Olson/Getty Images)

Text  


In the realm of criminal law, what we mainly mean by the word “justice” is a process, not an outcome. We have agreed-upon rules that we try, to the best of our imperfect ability, to pursue in an impartial fashion rather than in a way oriented toward some particular desired outcome. In the case of Ferguson, Mo., police officer Darren Wilson, whose shooting of 18-year-old Michael Brown touched off protests and rioting in the Saint Louis suburb, that process includes an internal police-department investigation and the consideration of a grand jury entrusted with determining whether the officer committed a crime when he shot the young man. But Missouri governor Jay Nixon is taking something like the Red Queen approach to justice: sentence first, trial later.

Governor Nixon, a Democrat, has called for a “vigorous prosecution” of Officer Wilson, who has not been charged with a crime and whose case has not yet been disposed by a grand jury. The evidence that will help to determine the probity or criminality of his actions has not yet been considered in full. Calling for a “vigorous prosecution” of a police officer before the facts of the case are known is grossly irresponsible. If the investigation determines that a crime has been committed, then a vigorous prosecution is of course called for. But that has not been determined at this point.

The protesters in Ferguson complain that they are denied justice, and some have complained that they do not trust the authorities to fully and fairly investigate the Brown shooting — that, with investigators holding a bias in favor of police, the conclusion is foregone. If that is the case, then they are right to protest it. But the solution to a biased system of justice is not the introduction of more bias. The solution to a foregone conclusion in favor of the police is not a foregone conclusion hostile to them. Justice for Michael Brown must also be justice for Darren Wilson, or it isn’t justice at all.

Advertisement
In addition to calling for the prosecution of Officer Wilson, Governor Nixon has called down the wrath of the U.S. Department of Justice, which is engaged in a civil-rights investigation of the matter. Such investigations increasingly are used as a federal double-jeopardy strategy when local results are politically distasteful. In any case, both the local and the federal investigations should be allowed to run their course without politicians’ grandstanding about them or attempting to influence their outcomes.

Whether Officer Wilson is as guilty as sin or entirely blameless, the only means of achieving justice is a fair, transparent, criminal-justice process insulated from political interference by the likes of Governor Nixon. If the criminal-justice process is reduced to being merely another contest of political blood sport, then we can expect to see more Fergusons, not fewer.

If there is reason to believe that the police and county prosecutors are not competent or reliable, and that their investigations are likely to be faulty or biased, then that case should be made in forthright and transparent public manner, and a reasonable remedy, such as oversight of the investigation by state-level authorities, should be implemented. But to simply declare that a crime has been committed when that has not been determined, and then to call for a vigorous prosecution of that hypothetical crime, corrodes the basic apparatus that we rely upon to adjudicate these matters.

Governor Nixon’s attempt to impose his own agenda on the criminal-justice process is destructive and reckless. He should do his job and let the members of the grand jury do theirs.


Clashes in Ferguson
TUESDAY, AUGUST 19: The daily protest gatherings appeared to heed calls for calm on Tuesday evening, only to see a return to violence aimed at police forces and a resulting crackdown that once agin filled the air with lights, sirens, and tear gas.
As with previous days, the gatherings and marches during daylight hours were largely peaceful affairs, punctuated by heated rhetoric directed at law enforcement, as authorities strove to keep demonstrators moving through the usual location.
Some arrests were made during the daytime demonstrations.
Missouri State Highway Patrol Captain Ron Johnson again walked among the crowd to call for an end to the violence.
Law enforcement and Ferguson community leaders appealed for a night of calm to help ease tensions. A noticeably smaller crowd remained after dark, changing the mantra “Hands Up! Don’t Shoot!” that has become the protesters rallying cry throughout the unrest.
A young demonstrators waves a sign that reads “Justice!”
After clashes broke out with police, some in the crowd stove to prevent further escalations, locking arms and confronting those in the crowd bent on violence.
A man stands between police and protesters to appeal for calm.
An older man appeals for calm from a group of younger men wearing masks and face coverings.
Some demonstrators and onlookers took shelter inside a nearby business.
A business owner tussles with a young demonstrator, forcing him outside.
Verbal confrontations escalated later in the evening after bottles were thrown at police.
A policeman speaks with demonstrators as tensions escalate.
Authorities reported that some protesters had thrown urine at police, and additional threats were made from a passing vehicle. In all police made 47 arrests on Tuesday evening.
MONDAY, AUGUST 18: More clashes shook the streets of Ferguson on Monday as the arrival of the Missouri National Guard and the cancellation of the midnight curfew failed to quell the growing crowd of protesters and the growing anger surrounding the investigation of the death of Michael Brown more than a week ago.
Authorities report at least 31 persons were arrested in renewed clashes, which saw the air along Florissant Avenue once again filled with smoke and tear gas as police and demonstrators vied for control.
Missouri State Highway Patrol Captain Ron Johnson told reporters that there was information that some of the more disruptive participants had travelled to Ferguson from as far away as New York and California. Pictured, protesters tip over a porta-potty onto Florissant Avenue.
Johnson had been sent to Ferguson to try and reduce tensions between police and local residents, but that mission appears to have failed as clashes have only increased in intensity since the weekend.
As on previous days, earlier demonstrations were largely peaceful, though arrests did take place as police tried to keep people moving along Florissant, where most of the unrest has taken place.
Rapper Nelly arrived on Monday to join the protests.
Among the large group of demonstrators, a man with a megaphone speaks to the crowd.
Anger rises among the demonstrators.
A melee ensues as police move to arrest a demonstrator.
Heavily-armed special police units were once again out in force.
Police units form a line to prevent demonstrators from moving further.
Riot police advance on the crowd.
Police wear gas masks as they deploy tear gas in the crowd of demonstrators.
A man reacts to the effects of tear gas.
SUNDAY, AUGUST 17: After the curfew on Saturday evening broke down into more clashes and arrests, police increased their presence on the streets on Sunday. But as night fell the situation again turned violent, with demonstrators taunting police and drawing a firm response from police.
After another day of violent clashes and flaunting of the town's midnight curfew, Missouri governor announced late Sunday evening that he is deploying the Missouri National Guard to restore order.
Said Nixon: "Given these deliberate, coordinated and intensifying violent attacks on lives and property in Ferguson, I am directing the highly capable men and women of the Missouri National Guard ... in restoring peace and order to this community,"
Police with riot gear assemble earlier in the evening to deal with the gathered crowd.
Special units prepare to head out as a tear-gas shell streams from behind an armored vehicle.
Police respond to reports of looting at an area business.
SATURDAY, AUGUST 16: By Saturday, Missouri governor Jay Nixon announced a midnight curfew in an attempt to gain control over the streets of Ferguson in the wake of Friday's continued unrest and growing anger over emerging details of the investigation. Pictured, police maintain order during daylight.
Local business owner Mustafa Alshalabi cleans up his store, Sam’s Meat Market, the morning after looters ransacked it.
Local shopowners brandish firearms to protect their property from further looting.
Two groups of demonstrators march down Florissant Avenue.
Demonstrators pass a line of police.
Captain Ronald Johnson talks with demonstrators earlier in the evening in attempt to head off more clashes with police.
Police stand guard at the 911 Hair Salon.
Police stand guard at area businesses.
Police stand guard at area businesses.
The energy level of demonstrators remain high.
Demonstrators hold up homemade signs.
Police shoot smoke cannisters into the gathered crowd.
Demonstrators run to grab smoke cannisters and hurl them back at police.
Demonstrators and journalists run as police fire tear gas into the crowd.
FRIDAY, AUGUST 15: By week's end, the stronger police presence had returned after several businesses suffered damage and crowds of demonstrators continued to challenge law enforcement.
A demonstrators wears one of many tee-shirts with the image of Michael Brown.
A demonstrator wears a bandana as a mask to conceal her identity. Some have also used masks to cope with smoke and tear gas fired by police.
Fellow Ferguson residents try to restrain energized demonstrators.
Demonstrators stand and kneel in front of law enforcement officials.
Demonstrators climb vehicles travelling Florissant Avenue.
Cars crowd Florissant Avenue as rain begins to fall.
Capt. Ron Johnson, joined by Missouri Congressman Lacy Clay (at left) uses a bullhorn to appeal for calm.
Looters among the demonstrators raid an area liquor store.
Looters emerge from a local business.
Looters flee the scene.
Law enforcement prepare to move against the demonstrators.
A police officer chases a demonstrator.
Particles from a concussion grenade explode into the air.
A demonstrators walks amid gas cannisters fired by police.
THURSDAY, AUGUST 14: Protesters walk down Florissant Avenue as demonstrations continued.
Demonstrators show the "Don't Shoot" hands-up gesture to gathered media.
Demonstrators gather near the location where Michael Brown was gunned down by a Ferguson police officer on August 9.
Missouri Highway Patrol Captain Ronald Johnson walks among demostrators as night falls. Johnson, a Ferguson native, was brought in to take over security from local police in an attempt to quiet tensions.
A child's train joins the demonstrations on Florissant Avenue.
Tear gas spreads through the crowd.
WEDNESDAY, AUGUST 13: Some 500 demonstrators gathered Wednesday to continue protests against the shooting and delays in identified the police officers involved. Protesters vented their anger and in some cases taunted police.
Local police and other law-enforcement personnel have stepped up their presence on city streets over the past several days. But some observers wonder if the show of force, including military-style weapons and tactics, is only exacerbating tensions.
Though confrontations have been loud and vocal thorugh the week, there has as yet not been a repeat of the looting and arson the broke out on August 10, when some two dozen local businesses were damaged and a convenience store was gutted by flames. Nine persons have been charged in those incidents.
Throughout the night, as they have done since the demonstrations began last weekend, many protesters advanced on police lines with arms held high in the air in a gesture of surrender, exclaiming “Don’t Shoot! Don’t Shoot.”
After repeated calls to disperse were ignored, police cracked down with riot gear and tear gas.
Police line up to push the protesters back.
Some demonstrators responded by throwing the tear gas canisters back at police, while others attempted to hurl homemade molotov cocktails.
An Al-Jazeera news crew flees the scene as teear gas strikes their camera location.
Police guarded area businesses to head off a repeat of Sunday's looting and arson.
Tear gas and smoke filled the night air as police moved against demonstrators.
A demonstator braves the smoke to grab a gas cannister and hurl it back at police.
Smoke from tear gas and gas cannisters drifted into nearby neighborhoods.
Police fan out to secure nearby neighborhoods and search for violent protesters.
Updated: Aug. 20, 2014

ADVERTISEMENT


Text