A couple of weeks ago in Akron, Ohio, a grand jury made a decision that was legally correct. They decided not to bring charges against police in the shooting of Jayland Walker. For those who aren’t familiar with this case, Jayland was driving a car with a tail light out and a missing license plate light. When police tried to pull him over, he fled. During the chase, Walker fired a shot from a gun out of the car window. When he finally stopped, he jumped out of his car and ran. He was apparently wearing a mask on his face. At some time during the chase Jayland appeared to turn and move his arm in a manner that the officers interpreted as reaching for a weapon. Eight officers then opened fire. More than 90 rounds were fired. Over half of those rounds struck Jayland killing him.
Rightly, I think, most people thought at the very least that was excessive. Ninety + rounds? For a broken tail light? Ok, there was the apparent gun shot early in the chase. And, a gun was found in Jayland’s car. But, not on his person when he was shot. I’ve never been involved in anything like that. I cannot even imagine the fear that filled both Jayland and the eight officers. At times like that, with adrenaline pumping by the gallon, rational thought flees and the amygdala takes over. Fight or flight? In this case both were present in shooters and victim.
The grand jury considered the use of force and found that it was reasonable in those circumstances.
I think that was probably the correct LEGAL decision.
But, was it the correct MORAL decision?
Of course, the law doesn’t give a flying fuck about morals. You can’t judge morals. Laws are easy. They’re black and white. A person either follows the rules or they don’t. When they don’t, well, there are consequences. Our country is proud of its Rule of Law. No one is above the Law! Well, maybe a lot of people find themselves pinned under the law. Jayland Walker was one of those people.
One of the things about the Rule of Law is that sometimes, (many times?), people equate following the letter of the law with being right or moral. If I follow the law, even if I act in a morally reprehensible manner, I’m OK. No harm; no foul. The law vindicates my actions. Look at Me! I’m a Good Law-abiding Citizen! Yay, me! I think that’s part of the problem with the Rule of Law. It gives law enforcement, in particular, the illusion of having the moral high ground. Almost anything that law enforcement do can be justified legally. After all, they represent the People. Right? And, as such they are given almost complete discretion to act in ways that they interpret as in the public’s interest. That’s a very large canvas to paint on. Any decent lawyer can come up with some argument to show that no matter what law enforcement does is in the public’s interest.
I think that this is grossly abused by the powers that be. Laws are written and interpreted in order to vindicate the use of force, many times deadly, so that almost any act can be justified. It is Morally Wrong. We can never allow what is simply correct by the letter of the law to stand higher than the Moral mandates of being human beings in society. We’ve stood by and watched abuse after abuse, particularly to those who are the weakest and most marginalized in society. And, time after time after time the abuses have been blown away like smoke on the wind. The unimaginable inequities that allow the powerful to get away with murdering, executing, people who the powerful don’t give a damn about must end. Somehow. I don’t have a clue how to see that happen. Do we vote? Do we protest? Do we write blog posts?
Paul the Apostle wrote to the Church at Corinth about this. Even in ancient time people hid behind the law. It gave them the so-called freedom to do anything that fell within the bounds of that law. Paul, however, clarified some things for those folks. He wrote that God has made us adequate, not be the law, but by the Spirit. For the letter kills, but the Spirit give life. The letter is written, says Paul, not on tablets of stone, but on the tablets of the human heart. If anything is this rant makes sense, I hope it’s that the Letter of the Law cannot justify acts of immorality against other human beings. It is not capable of that. It was not created for that. Even though the powerful write laws to protect themselves, they cannot write away the love of God that demands we treat one another with redemptive justice.
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