Everyday Erinyes #262

 Posted by at 10:24 am  Politics
Apr 172021
 

Experts in autocracies have pointed out that it is, unfortunately, easy to slip into normalizing the tyrant, hence it is important to hang on to outrage. These incidents which seem to call for the efforts of the Greek Furies (Erinyes) to come and deal with them will, I hope, help with that. As a reminder, though no one really knows how many there were supposed to be, the three names we have are Alecto, Megaera, and Tisiphone. These roughly translate as “unceasing,” “grudging,” and “vengeful destruction.”

The trial of Derek Chauvin is scheduled to go to closing arguments Monday. While I doubt if anyone here watched every minute of the stream, we have probably sll been following it So I won’t comment much  What I do have to say will be after the end of the article.
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Derek Chauvin trial: 3 questions America needs to ask about seeking racial justice in a court of law

A demonstration outside the Hennepin County Government Center in Minneapolis on March 29, 2021, the day Derek Chauvin’s trial began on charges he murdered George Floyd.
Stephen Maturen/Getty Images

Lewis R. Gordon, University of Connecticut

There is a difference between enforcing the law and being the law. The world is now witnessing another in a long history of struggles for racial justice in which this distinction may be ignored.

Derek Chauvin, a 45-year-old white former Minneapolis police officer, is on trial for second-degree murder, third-degree murder, and second-degree manslaughter for the May 25, 2020, death of George Floyd, a 46-year-old African American man.

There are three questions I find important to consider as the trial unfolds. These questions address the legal, moral and political legitimacy of any verdict in the trial. I offer them from my perspective as an Afro-Jewish philosopher and political thinker who studies oppression, justice and freedom. They also speak to the divergence between how a trial is conducted, what rules govern it – and the larger issue of racial justice raised by George Floyd’s death after Derek Chauvin pressed his knee on Floyd’s neck for more than nine minutes. They are questions that need to be asked:

1. Can Chauvin be judged as guilty beyond a reasonable doubt?

The presumption of innocence in criminal trials is a feature of the U.S. criminal justice system. And a prosecutor must prove the defendant’s guilt beyond a reasonable doubt to a jury of the defendant’s peers.

The history of the United States reveals, however, that these two conditions apply primarily to white citizens. Black defendants tend to be treated as guilty until proved innocent.

Racism often leads to presumptions of reasonableness and good intentions when defendants and witnesses are white, and irrationality and ill intent when defendants, witnesses and even victims are black.

An activist watching the trial on a cellphone outside the government building in Minneapolis where the trial is taking place.
An activist watches the murder trial of former Minneapolis police officer Derek Chauvin outside the Hennepin County Government Center in Minneapolis on March 30, 2021.
Kerem Yucel / AFP/via Getty Images

Additionally, race affects jury selection. The history of all-white juries for black defendants and rarely having black jurors for white ones is evidence of a presumption of white people’s validity of judgment versus that of Black Americans. Doubt can be afforded to a white defendant in circumstances where it would be denied a black one.

Thus, Chauvin, as white, could be granted that exculpating doubt despite the evidence shared before millions of viewers in a live-streamed trial.

2. What is the difference between force and violence?

The customary questioning of police officers who harm people focuses on their use of what’s called “excessive force.” This presumes the legal legitimacy of using force in the first place in the specific situation.

Violence, however, is the use of illegitimate force. As a result of racism, Black people are often portrayed as preemptively guilty and dangerous. It follows that the perceived threat of danger makes “force” the appropriate description when a police officer claims to be preventing violence.

This understanding makes it difficult to find police officers guilty of violence. To call the act “violence” is to acknowledge that it is improper and thus falls, in the case of physical acts of violence, under the purview of criminal law. Once their use of force is presumed legitimate, the question of degree makes it nearly impossible for jurors to find officers guilty.

Floyd, who was suspected of purchasing items from a store with a counterfeit $20 bill, was handcuffed and complained of not being able to breathe when Chauvin pulled him from the police vehicle and he fell face down on the ground.

Footage from the incident revealed that Chauvin pressed his knee on Floyd’s neck for nine minutes and 29 seconds. Floyd was motionless several minutes in, and he had no pulse when Alexander Kueng, one of the officers, checked. Chauvin didn’t remove his knee until paramedics arrived and asked him to get off of Floyd so they could examine the motionless patient.

If force under the circumstances is unwarranted, then its use would constitute violence in both legal and moral senses. Where force is legitimate (for example, to prevent violence) but things go wrong, the presumption is that a mistake, instead of intentional wrongdoing, occurred.

An important, related distinction is between justification and excuse. Violence, if the action is illegitimate, is not justified. Force, however, when justified, can become excessive. The question at that point is whether a reasonable person could understand the excess. That understanding makes the action morally excusable.

Minneapolis Police Chief Medaria Arradondo in the witness box at the Chauvin trial, fingering his badge.
Minneapolis Police Chief Medaria Arradondo testified,
Court TV via AP, Pool

3. Is there ever excusable police violence?

Police are allowed to use force to prevent violence. But at what point does the force become violence? When its use is illegitimate. In U.S. law, the force is illegitimate when done “in the course of committing an offense.”

Sgt. David Pleoger, Chauvin’s former supervisor, stated in the trial: “When Mr. Floyd was no longer offering up any resistance to the officers, they could have ended their restraint.”

Minneapolis Police Chief Medaria Arradondo testified, “To continue to apply that level of force to a person proned-out, handcuffed behind their back, that in no way, shape or form is anything that is by policy.” He declared, “I vehemently disagree that that was an appropriate use of force.”

That an act was deemed by prosecutors to be violent, defined as an illegitimate use of force resulting in death, is a necessary conclusion for charges of murder and manslaughter. Both require ill intent or, in legal terms, a mens rea (“evil mind”). The absence of a reasonable excuse affects the legal interpretation of the act. That the act was not preventing violence but was, instead, one of committing it, made the action inexcusable.

The Chauvin case, like so many others, leads to the question: What is the difference between enforcing the law and imagining being the law? Enforcing the law means one is acting within the law. That makes the action legitimate. Being the law forces others, even law-abiding people, below the enforcer, subject to their actions.

If no one is equal to or above the enforcer, then the enforcer is raised above the law. Such people would be accountable only to themselves. Police officers and any state officials who believe they are the law, versus implementers or enforcers of the law, place themselves above the law. Legal justice requires pulling such officials back under the jurisdiction of law.

The purpose of a trial is, in principle, to subject the accused to the law instead of placing him, her, or them above it. Where the accused is placed above the law, there is an unjust system of justice.

This article has been updated to correct the charges Chauvin is facing.

[Deep knowledge, daily. Sign up for The Conversation’s newsletter.]The Conversation

Lewis R. Gordon, Professor of Philosophy, University of Connecticut

This article is republished from The Conversation under a Creative Commons license. Read the original article.

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Alecto, Megaera, and Tisiphone, to me one of the best moments in the trial was during the cross examination of the defense’s final expert witness, who cied an expert who “used to” believe in “positionary asphyxiation, but has retracted his statements.” The prosecution was ready for that. They had an affadavidt from the cited expert which included “many people have said that I retracted [my statements on positionary asphyxiation, but in fact I have never retracted and do not retract any of my statements on the matter.” How can you not love a trial attorney on either side who does his homework in anticipation of it beeing needed to ensure that truth gets told?

There is no guarantee exactly how a jury will vote, but I am feeling some hope … tempered by finding it difficult to trust a jury.  We shall see.  We shall all see.

The Furies and I will be back.

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Apr 172021
 

It’s another very tired day here in the CatBox as a keep learning more about this room.  Each day I learn a bit more, so please bear with me.  God bless you all and have a great weekend.

Jig Zone Puzzle:

Today’s took me 4:13 (average 4:10).  To do it, click here.  How did you do?

Cartoon:

Short Take:

From YouTube (a blast from the past): The Beatles – Hey Jude

 

Ah… the memories!  RESIST the Republican Reich!!

Don’t Let Republicans Steal YOUR Future!!

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Friday Update

 Posted by at 2:32 pm  Politics
Apr 162021
 

I apologize, but I’m going to take a pass this week on posting.  My 92 y/o aunt was admitted to the hospital a couple of days ago.

When I talked to her last weekend she said she had “severe sciatica” – to the point she could barely walk because of the pain.

She’s never been very fond of doctors and it took some work to convince her to even go see her PCP.  When she did, her PCP admitted her and a CT scan revealed extensive bone metastasis, most likely from breast cancer for which she had a mastectomy a few years back.

She’s been moved to the Long-Term Care (LTC) Unit, and is looking into Hospice Care.

I’m designated as her Medical Power of Attorney, so it’s been a bit busy.

She has a very strong faith and is at peace with the time she has left.

I have my taxes done by my Mom’s CPA back in Illinois close to where my aunt is, and it’s scheduled for May 4th.  I don’t know if I’ll have to change that or not.

So I hope you understand why I’m taking a pass this week.

But I want to share the most poignant moment I’ve seen in a long time from this past week’s Memorial Service for Capitol Police Officer William “Billy” Evans when his 7 y/o daughter, Abigail, comforted her Mother and wiped her tears away during the service:

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Apr 162021
 

Crooks & Liars has come up with a neologism worth keeping IMO – “Psakisplaiing”

politicsrus

Now This News – if you thought you needed a hanky yesterday …

VoteVets – Longest War

Robert Reich – not the one that disppeared, but very sound.

Armageddon Update – singing my song.

Founders Sing (with ALbert Einstein)

Beau – I don’t want to terrify our California readers, but I do want you to be safe, and you will need to know this.

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Apr 162021
 

It’s an insane day  here in the CatBox.  I’m gradually learning to the computer in my new digs, which is jar more difficult than it appears.  Please give me time.  I think I can link to a puzzle but haven’t learned to subscribe in email yet.  Issues with the room ale leaving me lots of pain, but the staff are great.  I’m thoroughly pleased.  As time goes on, I shall learn.  TGIF!

Jig Zone Puzzle:

Today’s took me 5:02 (average 4:38).  To do it, click here.  How did you do?

Cartoon:

Short Take:

From YouTube (a blast from the past): Eric Burdon & The Animals Sky Pilot

 

Ah… the memories!  RESIST the Republican Reich!!

Don’t Let Republicans Steal YOUR Future!!

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Apr 152021
 

The Lincoln Project – Rally Recap

Crooks & Liars – “Socialist” CEO gets last laugh

Really American – Sadly needs to be said.

Frankly, I cannot see John Cornyn having the ability to even find this article. A staffer must have found it. Did the staffer tell him it was satirical? There are multiple scenarios possible here, none of which looks good for Cornyn. (Ms. Clarke has been nominated to head the DOJ Civil Rights Division.)

Now This News (personally, I needed a hanky)

This is your brain on kittens

Beau – I don’ want to spoil it, but you might want a hanky handy.

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Apr 152021
 

Sorry to be so late.  I could tell from what was up last night that there was more coming … and then I overslept.  Oh well, most people save it till evening anyway.

Sam Addresses the Murder of Daunte Wright

Attacks on the Asian American Community Pt 1and Part 2

Hollywood’s Walk of Shame: The History of Asian Stereotypes in Pop Culture
“Some people think what happens in Hollywood doesn’t matter” – Ouch. That really hits a nerve for me. Too many people think that what happens in art – any kind of art – drama, literature, painteing and sculpture – doesn’t matter But I am haunted to this day by just one story from an early issue of Ms. magazine. A little girl whose mother was a doctor was asked what she wanted to be when she grew up. “A nurse,” she said. “Not a doctor?” “Girls can’t be doctors.” You know she did not get that idea at home.

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