Most of us have seen the video that captures the tragic death of George Floyd. Pinned to the ground by police officer Derek Chauvin, he clearly pleads for his life and cries out for his mother. This graphic scene resulted from an accusation of counterfeiting by one shopkeeper. He threatened no one, killed no one, and robbed no one. The unfortunate fact is that killings like this occur across our nation far too often. It is disturbingly easy to compare the death of Floyd with the death of Eric Garner six years ago.
While it would be an oversimplification to ascribe police killings entirely to race, omitting it is dishonest. While Floyd died in broad daylight on camera with witnesses, Chauvin was initially just dismissed from his position with the Minneapolis Police Department. Prosecutors urged patience while they looked into the matter, and the police union called for an investigation before rushing to judgement, despite the striking clarity of the video. No other American would receive such deference. How can we see this as anything other than a mockery of the ideals that our republic was founded on?
During lockdown protests, heavily armed men brandished weapons and attempted to storm the Michigan State Capitol. In that instance, the authorities reacted with admirable restraint. When two white Georgia men chased down and shot Ahmaud Arbery to death, local authorities did not act until a video of the killing surfaced. The Constitution rests on fundamental pillars that have allowed it to endure for generations. Equal justice under law, inscribed over the door of the Supreme Court, is perhaps the most significant of these principles. But is this what equal justice under law is supposed to mean?
We are told that discriminatory conduct by police is rare or just part of their work. Law and order politicians assert that security requires leeway in police conduct, and that any restrictions on officers embolden criminals. All the while, black men are shot in the back and choked to death, black children are shot because of their toy guns, homeless black people are gunned down in broad daylight, and pregnant black women give birth alone in prison cells without any assistance. It is abundantly clear that government cruelty leveled at minorities is not incidental. The government cannot be trusted to guarantee the liberty of all Americans, so change is needed immediately.
The rules of police conduct must be made to prevent such abuses. Our courts have taken the reasonable exemption of qualified immunity and expanded it to forgive all manner of sins by police. This legal shield was meant to allow officials like judges and legislators to perform their duties without fear of repercussion for incidentally poor outcomes, but its application to law enforcement officers creates ripe conditions for flagrant abuse of power. Congress must clarify that blanket immunity for police conduct was never intended. Justin Amash has proposed a bill that designs a more restrictive qualified immunity doctrine, but only one of its cosponsors is a Republican, making the Senate outlook regrettably bleak.
Activity by police unions has a similar effect. Many cities have negotiated agreements with police unions that provide impunity for actions performed in the course of officer duties, even for excessive or unjustified use of force. The collusion of authorities to permit transgressions of liberty by law enforcement has led to rampant violations such as that against Floyd. State and local governments must enact more restrictive policies on use of force. Too many suspects are treated unfairly and brutally under outmoded draconian practices, and the effects damage minority communities disproportionately.
Systemic reform of our criminal justice apparatus is the only way to ensure balance. Decriminalizing or legalizing substances that were made illegal for racist reasons and eliminating procedural hurdles such as cash bail will move our nation toward reaching equal justice under law. Finally, we must prohibit police departments from purchasing surplus weapons and equipment from the military. The New York Police Department is already larger than the Belgian Army. It does not need to be better armed.
In this time of great uncertainty, we cannot let those entrusted to “protect and serve” to flagrantly abuse their power. Entire communities have gone unheard by government leaders and fellow citizens alike. The nation can honor the memory of Floyd by boldly changing the system that failed him so miserably.
Christopher Condon is a policy analyst at the Center for the Study of the Presidency and Congress.
This article was originally published on THE HILL.
Views in this article are author’s own and do not necessarily reflect CGS policy.
