Deprived of Due Process

I looked at my 12-year-old brother’s face as CNN commentators explained how an African American teen–someone who looks like him–could be murdered, and how his shooter does not have to face so much as a trial.

Tamir Rice, 12; Kimani Gray, 16; Trayvon Martin, 17; Kendrec McDade, 19; Oscar Grant, 22 Sean Bell, 23; . These names represent just a few of the many unarmed African American boys and men shot to death by police or security officers in the last decade.

These individuals were killed in their own neighborhoods. Some were shot for doing things as simple as leaving the bar, leaving a party, or going home. They were shot by individuals who were under the false assumption that, because they were young black males, they were up to no good. Their deaths are looked upon as understandable, justified, or necessary by the justice system and have largely gone without prosecutions.

The same narrative unfolds time and time again, and it has led to a justifiable fear of the police in the African American community.

If you are a black male in America, getting pulled over by the police for a speeding ticket is not simply an annoyance, it is potentially a life or death encounter. If you are a black male in America, you don’t move your hands from the steering wheel; you could be shot by an officer for fear of a potential weapon. This happened to Levar Jones in September when he was shot by South Carolina State Trooper Sean Groubert after being pulled over for a seat belt violation, according to CNN.

Eighteen-year-old Michael Brown was shot at least six times (twice in the head), while unarmed, on Aug. 9th in Ferguson, Missouri by police officer Darren Wilson. The narrative of the events on this day vary depending on whom you ask; many witnesses say that when Darren Wilson shot Mike Brown, he was attempting to surrender with his hands in the air from a distance. The New York Times reported that Darren Wilson himself said that after shooting Brown, Brown continued to “charge” at him and he shot at him again in “self defense.”  Mike Brown ended up lying dead in the street for over four hours, The New York Times found. Meanwhile, Brown’s family got little to no answers and Darren Wilson went on paid leave for months, reported The Washington Post. A few weeks ago, the grand jury in Ferguson, which CBS News found consisted of three African-Americans and nine Caucasians, ruled that there was not enough evidence to indict Darren Wilson. Nine votes were needed to indict Officer Wilson.

Ferguson is 67% African American, according to data from the US Census Bureau. Given the history of police violence towards African-American males, the outrage in Ferguson and across the country was predictable and understandable. Many argue that because Mike Brown was seen stealing some cigars from the nearby convenience store, his death can be “justified.”

Yet our constitution defends us against precisely this sort of police action. “No person shall… be deprived of life, liberty, or property, without due process of the law.” That’s what we are ensured by the Fifth Amendment. Yet many people believe that Mike Brown did not deserve his life or the due process he is guaranteed by our Constitution.

Mike Brown’s death is frustrating because he had a right to that due process, but instead he has lost his life and the public has ruled his death acceptable. Mike Brown is literally demonized in the eyes of many Americans, and nationwide introspection is required to figure out why.

Additionally, according to CNN, Darren Wilson did not stop Brown and his friends because he was suspicious of robbery. Wilson stopped him because he was “walking down the middle of the street blocking traffic.” It is disturbing to me that in this country, an unarmed teenager can be shot to death by a police officer, but James Holmes, who shot up a movie theatre killing 12 and injuring 70, can be apprehended and taken into custody alive.

Darren Wilson will not face trial, and Michael Brown will not go to college, tell his side of the story, or receive justice. This was a slap in the face to many African Americans across the country as once again, the justice system sends the message that our lives do not deserve the benefit of the doubt, conviction, or even indictment.

I looked at my 12-year-old brother’s face as CNN commentators explained how an African American teen–someone who looks like him–could be murdered, and how his shooter does not have to face so much as a trial.

This is not an isolated issue, and it has inspired such a passionate response from so many because people of color in the United States face a different reality when it comes to our experiences with police. Many argue that had Mike Brown been white, he wouldn’t have been portrayed as a “thug,” and he would have survived his encounter with officer Wilson.

Less than two weeks after a grand jury decided not to indict Darren Wilson, it was announced in New York that the NYPD officer who used an illegal chokehold to apprehend and ultimately kill non-violent Eric Garner would not be indicted either, according to CNN. The worst part about this one was that the entire encounter was caught on tape, and still the officer was not held accountable for his actions. In addition, last month in Cleveland, 12-year-old Tamir Rice was shot and killed by an officer who was described as having “a pattern of lack of maturity, indiscretion and not following instructions” by his previous police department, CNN reported. Rice was shot while playing with a toy gun that the 911 caller described as ”probably fake” in the call that prompted the arrival of the police, reported National Public Radio.

The killing of unarmed black men and boys is a dangerous trend, and it is clear that Americans will only take so much. But this problem will never be solved until it is acknowledged. According to an NBC poll cited by the Huffington Post, 52% percent of whites versus 12% of blacks believe that police officers in their community treat blacks and whites equally. In contrast, 82% of blacks and 39% of whites say law enforcement applies different standards to whites and blacks.

This is an issue that disproportionately affects the African-American community, and we can not claim to live in a “post racial” society if we allow these incidents to continue.

Our nation is marked by divisions, and when the lived experience of one population is not recognized as valid, these disconnections are made worse. Eventually, if not addressed, these divisions become fatal.