MARCH 19, 2021 – The up-coming trial of the Minneapolis cop charged with killing George Floyd, Jr. will be another boxing match, racial injustice class.
In Corner #1: One set of facts—the video that all the world has seen; white cop pressing his knee against the neck of helpless black man until black man dies; another data point in the age-old pattern—racist white power against defenseless blacks. Except, this time around it’s the shaft of white law enforcement establishment charging the spearhead of the white law enforcement establishment.
In Corner #2: Another set of facts—after resisting arrest for a suspected crime, a large, belligerent black man is finally brought under control but dies shortly thereafter due to pre-existing conditions and having taken an illegal drug . . . Oops! The cop, the pugilist in Corner #2 wears “IRONY” brand boxing gloves, for his trainers/advocates are criminal defense lawyers, whose daily job is to fight against cops.
The ring itself is “due process,” a platform of black-letter law and established precedents bounded by rules of procedure and evidence—rules governing every detail of the trial, rules that are the sine qua non of “a nation governed by the rule of law.”
Standing in the center of the ring is the referee—Judge Cahill—already awash in sweat before the bell rings. He knows that every call can be pummeled by appeal, not to mention savagely criticized by lawyers, jurists, law professors, and legal commentators across the country.
Speaking of commentators, upon a viewing platform above the ring sit a whole raft of them—left, right, and center; smart or stupid, they’re never at a loss for words. Some have a dog in the fight. Many are self-appointed judge-and-jury. All have a bias, an angle, and a TV crowd waiting to be entertained.
Surrounding the ring are the spectators—we Americans, with our own biases, perspectives, world views. From among us come the prospective jurors, who are selected in a pre-fight fight. Once all are chosen, the jurors will take their place in the front-row seats, for they, it turns out, will be the ultimate judges of fact.
Filling the air is the sweaty force of history. From the beginning, racial injustice, subtle and overt in policy and practice, transmitted from one generation to the next, blunted here but sharpened there, has produced an indelible imprint on our history, on our present reality. For many people racial injustice doesn’t exist because they don’t experience it. For others, it’s a defining feature because they do experience it—directly, indirectly; overtly, subtly—or perceive that they do.
Until a knock-out punch or 12 completed rounds, the fight will play out in the ring, above the ring—and most critically—around the ring. It won’t be the first fight of facts inside the ring of law, and until we acknowledge history and change its course, this fight won’t be the last.
(Remember to subscribe to this blog and receive notifications of new posts by email.)
© 2021 by Eric Nilsson
