The Black Caucus of the College Democrats of Massachusetts are deeply disappointed and outraged by the lack of action taken against Officer Leohmann and the Cleveland Police Department. From statements made to the press, it is clear that they do not see the problem at large, and are placing blame everywhere except for where it belongs. This lack of accountability is deeply concerning and highlights a larger issue facing this country. The senseless death of Tamir Rice is beyond tragic, and words alone cannot express our grief and sympathy to the family and community who have been affected. However, this tragedy has been all too common recently and we are demanding that justice be served to show that police brutality has no place in America.
Please share widely!
by the Cleveland police’ and prosecutors’ actions.
For all the talk that “race has no scientific basis,” it is plainly clear that racism does exist and takes a toll on Americans. The police and prosecutors have the power to take away an American’s life, liberty, and property, and there is a stunning long line of Americans who get shot by the police very quickly. These victims are rarely described as “white.”
Moreover, we should all be skeptical of statements about the use of force being “justified.” As citizens of a democracy we should be asking our government, was the use of (deadly) force necessary? There is an important difference to the two words.
and pre-ordained by law. There never should have been a grand jury. That was political theatre.
There is no statute governing police use of lethal or excessive force. It falls to case law to decide the lawfulness of an officer’s actions. The standard for judging the officer’s actions is whether they are “objectively reasonable.” Factors to consider are
Tamir Rice had what appeared to be a gun. Ergo, the officer had a “objectively reasonable” reason to fear for his life.
The Supreme Court established Graham v. Connor 490 U.S. 386 (1989) that the objective reasonableness standard for police use of force.
Was race a factor in Tamir Rice’s death? Maybe. Was bad policing a factor in his death? Definitely. The police didn’t have to drive up close to him and immediately shoot him. The problem is what the police officer did was thoughtlessly, morally reprehensible AND protected by a legal system that virtually allows police to shoot first and ask questions later.
As long as law enforcement is governed by case law, and not statute, as it is in other countries, this kind of crap will continue. THERE NEEDS TO BE A STATUTE GOVERNING POLICE USE OF FORCE, LETHAL AND OTHERWISE. Until then, we will continue to see police around the country legally murder people.
The Constitution prohibits prosecution absent an grand jury indictment and my understanding is the grand jury chose not to indict. I do like the idea that has been floated that police crimes should be prosecuted by at least one level higher than the same DA that the police department works with on a regular basis. That said I wish the standard were make sure the alleged bad guy shoots first. I don’t know of any case or statute law that gives cops a get out of jail free card with regard to actual murder. Surely if a cop just decided to shoot someone he would be charged and rightfully so. OTOH self-defense is something any civilian could argue too.
http://www.usatoday.com/story/news/nation/2015/12/28/grand-jury-no-charges-tamir-rice-killing/77977282/
Police do have rights, such as the right to a defense attorney, but when a prosecutor acts as the defense attorney in a grand jury setting, this is not the normal method of justice. The video, which you can find and I’m not linking to because it shows a child dying, shows the cops rolling up, jumping out of the cruiser and shooting in less than 2 seconds. The prosecutor has taken over a year to get to this point.
If the DA didn’t think there was a case he wasn’t required to convene the grand jury at all. He says he agrees with the decision, but also that it shouldn’t cheer anyone. Keep in mind neither of us knows what goes on in a grand jury, the proceedings of which are conducted behind closed doors. We should have body cameras so the rest of us can get as close as possible to seeing what the police actually see. I’ve seen enough videos questioned by footage from different angles to not assume I’m seeing what I think I am seeing in the video. Not sure why the dispatcher didn’t relay the thought the gun was probably fake – major oversight!
Why? Was the person who called in qualified to make that determination? The gun is almost indistinguishable from the real thing. I was actually eyeing a Walther P99 airsoft gun, and aside from the orange tip, it was a carbon copy, even down to the weird magazine release.
Forget whether the gun was real or not because it takes away from the real issue, which was that that officer fired his weapon so quickly, you can’t reasonably assume he was able to take measure of the situation prior to firing. The cruiser came into the frame of the video and bullets flew before it could even roll back on its tires.
If I were to get a call from a dispatcher saying a caller reported a person with a gun, but BTW said caller thinks there’s a good chance it’s fake, I’d be a little more careful about the assumptions I make as I approach.
with the dispatcher. But if a cop is heading to a report of someone with a gun, it’s legally justified, bad policing: shoot first, ask questions later. I doubt the best practice for responding to that situation is to kill the suspect 20 seconds after seeing him.
I repost my diary on the law and what needs to happen to end this kind of travesty.
has been tracking the Dept of Justice’s investigations of use of force. Worth checking out.