[From article]
“Darren Wilson’s actions do not constitute prosecutable violations under the applicable federal criminal civil rights statute, 18 U.S.C. § 242, which prohibits uses of deadly force that are ‘objectively unreasonable,’ as defined by the United States Supreme Court. The evidence, when viewed as a whole, does not support the conclusion that Wilson’s uses of deadly force were “objectively unreasonable” under the Supreme Court’s definition. Accordingly, under the governing federal law and relevant standards set forth in the USAM [United States Attorneys’ Manual], it is not appropriate to present this matter to a federal grand jury for indictment, and it should therefore be closed without prosecution.”
[. . .]
During the initial encounter, Brown had tried to wrest Wilson’s gun from him by reaching into Wilson’s Chevy Tahoe SUV. Wilson’s story was corroborated, to quote the report, “by bruising on Wilson’s jaw and scratches on his neck, the presence of Brown’s DNA on Wilson’s collar, shirt, and pants, and Wilson’s DNA on Brown’s palm.” Later on, the evidence also showed that Brown was running toward Wilson at the time Wilson fired the fatal shots, not knowing whether Brown was armed or not.
[. . .]
Eric Holder owes Wilson an apology for the unnecessary anguish that Wilson has suffered. As the Attorney General for all Americans, he must tell the protestors once and for all that their campaign has been thoroughly misguided from start to finish, and that their continued protests should stop in the interests of civic peace and racial harmony. In light of the past vilification of Wilson, it is not enough for the DOJ to publish the report, and not trumpet its conclusions. It is necessary to put that report front and center in the public debate so that everyone now understands that Wilson behaved properly throughout the entire incident.
[. . .]
It would be one thing to argue that the illegal killing of Michael Brown stemmed from a corrupt and racist culture inside that department. But once it is established that Wilson was fully justified in acting as he did, it is impossible to explain how the culture and norms of the police could have contributed to any illegal act. Indeed, the only plausible inference cuts the opposite way. The ability of Wilson to handle himself well under extreme pressure reflects approvingly on his conduct and on the ethos of the Ferguson Police Department.
[. . .]
“African Americans experience disparate impact in nearly every aspect of Ferguson’s law enforcement system. Despite making up 67% of the population, African Americans accounted for 85% of FPD’s traffic stops, 90% of FPD’s citations, and 93% of FPD’s arrests from 2012 to 2014.”
[. . .]
The two DOJ reports do not cohere. The first shows that Wilson’s use of force against Michael Brown was fully justified. The second uses that incident to launch a scathing attack against Ferguson, leading to the resignation of its key officials for conduct that looks on balance to be no better or worse than that in other cities around the country. The serious consequence of the second high-profile report is to keep alive the image that racial injustice is alive and well in the United States. What the report fails to understand is that it is as dangerous to exaggerate the risk of racial injustice as it is to ignore it. In a sad sense, the overheated DOJ report contributes to the inflamed atmosphere that led to the most recent shootings in Ferguson.
http://www.hoover.org/research/race-baiting-and-ferguson
Race Baiting And Ferguson
by Richard A. Epstein
Monday, March 16, 2015
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