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KAHNTENTIONS

KAHNTENTIONS is a blog post written by Gilbert N. Kahn, Professor of Political Science at Kean University in Union, New Jersey. Beginning in 2011 KAHNTENTIONS was hosted by the New Jersey Jewish News which recently ceased written publication. KAHNTENTIONS presents an open and intellectually honest analysis of issues facing the United States, Israel, as well as Jews world-wide.

BY GILBERT N. KAHN

"These are the times that try men's souls."

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Lessons From the Derek Chauvin Trial

Writer: gilbertkahngilbertkahn

The guilty verdict in the trial of Derek Chauvin for killing George Floyd brought relief to many people—of all races. At the same time the decision opens up many questions as to what the American people will take-away from his conviction. Will it help the nation address the future of racial justice for people of color in the country? How effective will the prospects now be for genuine reform in police conduct?


It will take time for any real change besides the single verdict handed down yesterday. It was a brilliant prosecution and a stellar group of attorneys in Minneapolis who brought Derek Chauvin to justice. No one should assume, however, that one guilty verdict will end the discussion and solve the historic problems which exist in American society, but, hopefully, it will be a beginning.

Justice for African Americans and all people of color will not be achieved through one trial or one case. If the judicial system provides aggressive prosecution against alleged criminals regardless of who they are, where they come from, and what their position is, all Americans will triumph. The notion that no one is above the law and that all persons must be treated equally in the eyes of the law needs to be much more than a slogan. People of color must have faith that the law will treat all people equally: in the North, the South, the East, and the West; poor and rich; men and women; old and young; and Black, Brown, Yellow, and White must be equal litigants in the eyes of the Court.


With respect to police reform, even the Trump Administration recognized the need for criminal justice reform. What must be understood is that it is not only structures, bureaucracies, organizational charts, and platitudes, it is the culture of American law enforcement. It is in this that the Chauvin case should prove to be truly educative.


Police brass testified against one of their own. They demonstrated that law enforcement can no longer tolerate police members who violate the law—period. The next test will come when uniform police officers break away from their blue code of silence when the situation presents itself and also testify on behalf of justice.


There is another important critical lesson which must come from this verdict. Blacks in America need to recognize that they must be prepared to step forward when their own people are guilty. It is not and will not always be the system. After so many years of injustice in America, Black leaders will need to demonstrate that they too want a non-prejudicial system of justice in America. This will be very difficult, but Blacks through their own actions can demonstrate that they too will fight for justice throughout a judicial system in need of repair.


Finally, there is a need to reform the criminal justice system at the state level. Change and justice reform begins at the state and local level. Attorneys general must be appointed and not elected. So too, local district attorneys should not serve at the whim of voters. Justice must be above the public will. There are now only seven states where the attorneys general are appointed; 43 are elected. Many of their assistants also aspire to someday be elected. This system does not serve well the administration of justice. It does not prevent abuse and political favoritism. This should be where states begin criminal justice reform.


The relief that the verdict brought yesterday to the family of George Floyd was dramatic. For African Americans and all those who have been wrongly prosecuted by police and the legal system there was a breath of hope. It remains for Americans to take to heart the changes to which this decision is pointing.

 
 
 

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