Tuesday, November 18, 2014

ANATOMY OF INJUSTICE: TWO COMPONENTS OF INJUSTICE . . . VIOLENCE & DECEPTION: FERGUSON AND THE WORLD, AWAIT TO SEE IF MICHAEL BROWN GETS JUSTICE? WILL THE GRAND JURY FIND OFFICER WILSON CULPABLE ENOUGH FOR A TRIAL, OR EXONERATE HIM? IT WOULD BE BEST TO TURN IT OVER TO A JURY FOR A TRIAL OF WILSON'S PEERS, BRING OUT THE FACTS, THE EVIDENCE, THE WITNESSES, THE EXHIBITS, AND ALL THE GOOD STUFF THAT JURIES ARE MADE OF, AND THEN LET THEM DECIDE IF THE WHITE OFFICER IS EITHER GUILTY OR INNOCENT. HOPEFULLY, THE COUNTY ATTORNEY, MCCULLOUCH DIDN'T JUST LEAVE THE HARD WORK TO THE GRAND JURY, RATHER THAN STEPPING DOWN AND LETTING ANOTHER OUTSIDE ATTORNEY HANDLE THE CASE. THE PROSECUTOR IS THE GATEWAY TO JUSTICE, OR SHOULD BE, WE WILL SEE. I AM GOING TO OUTLINE FOR MY READERS, THE ANATOMY OF INJUSTICE, SO YOU CAN JUDGE FOR YOURSELF. PUT ON YOUR THINKING CAPS, BOYS & GIRLS, LEARN SOME BASICS OF CRIMINAL LAW IN THE PROCESS.

Intent + Motive + Action = Crime

Due to the NSA, blanking my personal Chrome notebook out, and blocking me at other locations, until I went incognito, and I am actually sitting at a computer at the library as long as that lasts, so this will have to be brief, and to the point, which is not my strong suit, brevity, that is.  So, in criminal law, the defendant, actually, an officer of the law, has to have mens rea, or intent to commit a crime, and actus rea, or an act in furtherance of that intent, and generally, there has to be a motive attached, like in most criminal law cases, drugs, money, sex, and in this case, it may simply be racial discrimination, abuse of power, and the jury may or may not find that a criminal offense, surely not part of his duty as a law enforcement officer.

These cases are tough, because, you are dealing with the reverse of what you would traditionally think of in a case, with a criminal defendant . . . which, would normally, put Michael Brown, who in this case, is the victim, and Officer Wilson, an officer, acting under color of law, as the defendant.  So, you have to be ready to do mental gymnastics, to be able to follow a case like this.  I do believe, in analysing the Trayvon Martin v. Zimmerman case, which is even more squirrelly, with Zimmerman, being nothing more than a Neighborhood Watch volunteer, and the fact that he was a block supervisor and wanted to be a cop, does not take him to the level of being a law enforcement officer, the read dudes, told him to stand down, and they were on their way, everyone from the judge, to the prosecutor and the defense counsel, and the jury, who often takes their cues from those alleged experts trained in the law, also had a hard time with the reversed roles of the victim and the perpetrator of the violence, or Zimmerman, who should have been treated no different that any other defendant, and it didn't hurt that his father was a well know judge in the area.  ly

So, at least, Wilson, is a 6 year veteran of the Ferguson Police Department, trained and tested, so to say. and in this case, it will be critical for people involved, to separate civil and constitutional rights violations from, or actions taken in furtherance of enforcing the law, temper aside, and committing an actual crime, to which he can be held criminally liable, and see jail time.  I do, however, think it paramount, that the parents, the friends, the witnesses, the community, the state, nation and world, get to see a trial, not some closed door session with the grand jury, appearing to protect the officer, by letting him testify in his own defense, which is seldom done in a grand jury inquiry . . . so right off the bat, I would say the county attorney is taking risks of injustice, or the appearance of injustice, not charging and taking the white cop, to trial, protecting him from the actions, or inaction's he took that day, not to mention the rest of the police department, the militarized cops, the blocking of FFA flights of journalists and news people, the delay, or orchestrated release of tapes, statements, evidence, etc., making it look, like the cops were circling the wagons around one of their own, rather than handling it in a professional manner, making the public wonder, what the Officer had to hide, and of all the awful acts, leaving Michael's body in the street for hours . . . what's up with that?

Remember that anyone, is innocent, until proven guilty, and the jury must find the defendant guilty beyond a reasonable doubt; in addition to that, if Officer Wilson, followed well established law, like the constitution, and policy and procedure of the department, he is immune from punishment!

Anatomy of Injustice

I am taking this information from the book, by Gary A. Haugen, the founder of International Justice Mission, and former U.S. Attorney General, in the Department of Justice, in the Civil Rights Division, The Good News About Injustice: A Witness of Courage in a Hurting World.  I am just going to outline this chapter, or part of the chapter, that I thought, might add some insight for you the reader, the criminal justice system, the legal system and add to the knowledge of the public, and hopefully keep everyone honest, in the process, of this situation.  This will be from my notes, and in outline form:
  • Two components of injustice: violence & deception
    • violence laid bare
      • the first element: weapons & brute force
      • the second element: the power behind the force
      • the third element: a claim of legitimacy
    • deception exposed
      • people who abuse whatever amount of power they have and lie about it.
        • bullies in a community--using the limited power they have to terrorize those weaker than they are
        • sometimes the most exalted and esteemed people of power and authority in society--those are the ones we are dealing with when we confront injustice carried out from on high
        • therefore, those of us who have been raised with respect for authority and a deference to government officials must be careful, and observant, if we are going to seek justice, accustom ourselves to the unsettling reality that some of those who have power and authority are not only capable of abusing their power but are capable of going to great lengths to lie about it
        • we are not called to gratuitous disrespect for those in authority, quite the contrary.  We are to render to them their due, pray for them and submit to their authority as they exercises it in accordance with the law of the land, falling within the policies, procedures, and long held beliefs and customs of doing what it right, constitutional, and legal
        • but at all time, remembering, that rulers and authorities remain fallen creatures, human, even corrupt and capable of great and dire crimes
        • we must obey the law, rather than man, or giving deference to any class or category of man, including law enforcement
        • we need to uncover the victim's truth
        • let the evidence tell the story
      • how deception conceals violent coercion
        • the oppressor will try to deceive others about three issues
          • the use of force--that is, who was hurt, what force was used and who used it
          • who was responsible for sending those who used the coercive force
          • whether the use of force was legitimate or lawful
        • the oppressor will try to deceive others about several issues:
          • what violence, if any was used?
          • who, if anyone, ws hurt?
          • who used the violence?
          • who sent or exercised authority over the one who used the violence?
          • wAs the application of violence lawful or legitimate?
    • Violence & Deception: Oppressor's Tools to Prevent Rescue
      • oppressors use violence and deception as tools not only to carry out injustice, but also to keep rescuers from going to the aid of the victim
      • remember that injustice is the abuse of power by the strong over the weak
      • if the victim had as must power as oppressors, they wouldn't be vulnerable and wouldn't be abused
      • if perpetrators thought that their victims would be protected by the power of excellent, robust law enforcement, they probably wouldn't dare enslave them or hurt them, steal their property, etc. 
      • the rule of law provides a countervailing force that can protect the vulnerable from abuse
      • indeed, it can put enough power on the side of the victim, the vulnerable that the would-be perpetrators will not attempt to abuse them at all . . .
      • they must keep their victim isolated from those who might bring countervailing power to bear on the victim's behalf.
        • to do so, they will use their two favorite tools, violence and deception
        • their victims are alone, unprotected and utterly vulnerable
    • we overcome the deception of the oppressor through rigorous investigation and asking the difficult questions, so we can know the truth.  We overcome the violence of the oppressor by bringing this truth to a greater power than the oppressor . . . we need to
      • get the facts
      • substantiate the facts
      • collect all the related evidence
        • documentary evidence
        • testimonial evidence
        • physical evidence
    • INJUSTICE IS THE ABUSE OF POWER!
      • seeking justice has four methodologies
        • victim rescue
        • victim aftercare
        • perpetrator accountability
        • structural transformation . . . change the system, clean it up

Learn to do right!  Seek justice, encourage the oppressed.  Defend the cause of the fatherless, plead the case of the widow! (Isaiah 1:17)

GOOD LUCK!

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