Darren Wilson – Law Street https://legacy.lawstreetmedia.com Law and Policy for Our Generation Wed, 13 Nov 2019 21:46:22 +0000 en-US hourly 1 https://wordpress.org/?v=4.9.8 100397344 Ferguson’s New Interim Police Chief: Step in the Right Direction, But Still Not Enough https://legacy.lawstreetmedia.com/blogs/culture-blog/fergusons-new-interim-police-chief-probably-wont-solve-problems/ https://legacy.lawstreetmedia.com/blogs/culture-blog/fergusons-new-interim-police-chief-probably-wont-solve-problems/#respond Tue, 28 Jul 2015 18:04:54 +0000 http://lawstreetmedia.wpengine.com/?p=45758

Can Andre Anderson really turn the department around?

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There’s a new police chief in Ferguson, Missouri and his name is Andre Anderson. Ferguson leaders have introduced him as the city’s first African-American head of the police, because they believe he’s the right man for the very tough job.

Anderson is taking a six month leave from his Glendale, Arizona commander post to take on the new role of the city’s interim police chief. If all goes well, this is a role that could potentially become permanent by the end of his service.

Anderson told reporters his first priority would be “simply to build trust” and enhance the city’s recent efforts to get officers to develop positive relationships with people in the areas they patrol. Anderson explained this is not something the force can do on its own. He said to the residents “we cannot do this without you. I believe together, we can forge better relationships.” In addition, Anderson also plans to train his officers to guard against bias and escalation, and focus on hiring more qualified Black officers.

While the effort for a change within this department is appreciated, this does not mean the problem has been solved. Change will not come with just a new temporary police chief who is Black and has plans to hire more Black cops and work with the community. Yes, these are all steps in the right direction, but change will not come until our society, which includes police officers, respect Black lives.

After the August 9 shooting death of 18-year-old Michael Brown, an unarmed Black teenager who died at the hands of a white Ferguson police officer, the Ferguson Police Department was suddenly under the microscope. Brown’s killing sparked a revolution in Ferguson, creating weeks of fiery protests and threw a national spotlight on the St. Louis suburb of 21,000. The protests only increased when Wilson was not indicted by a grand jury.

Darren Wilson made comments describing what he did as the “right thing to do,” because he wasn’t quite sure what Brown could be capable of. He claimed that during their scuffle, Brown was abrasive, and tried to lunge at him more than once. He also claimed that Brown told Wilson he was “too much of a p– to shoot him.” But many people question the accuracy of his story, as well as Wilson’s reasoning. Even though he claimed the outcome would have been the exact same had Brown been white, this is something many are uncertain of, as Brown was also unarmed. The controversy has continued, as the department  saw many resignations after the release of a report from the Justice Department that found a culture of racism in the police department and municipal offices. Former Police Chief Tom Jackson was among the city officials who resigned.

A large issue between police officers and minority communities is that community members fear or do not respect white police officers. If there are more Black police officers in the community, this relationship could change, but it’s not enough. This is a great step in the right direction, but that does not mean the problematic culture doesn’t still exist. There’s still a long way to go to ensure that everyone is treated fairly by the law.

Angel Idowu
Angel Idowu is a member of the Beloit College Class of 2016 and was a Law Street Media Fellow for the Summer of 2015. Contact Angel at staff@LawStreetMedia.com.

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DOJ Finds Racial Bias in the Ferguson Police Department https://legacy.lawstreetmedia.com/news/doj-finds-racial-bias-ferguson-police-department/ https://legacy.lawstreetmedia.com/news/doj-finds-racial-bias-ferguson-police-department/#comments Wed, 04 Mar 2015 21:40:09 +0000 http://lawstreetmedia.wpengine.com/?p=35503

A DOJ report on Ferguson's police force raises concerns about racial profiling and discrimination.

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Image courtesy of [freeside510 via Flickr]

After spending the last three months reviewing 35,000 pages of Ferguson police records and other documents, Department of Justice investigators have found that despite the fact that African Americans make up just over 65 percent of the population in Ferguson, they accounted for 93 percent of all arrests between 2012 and 2014. Their findings confirm the public opinion theory that the department responsible for the death of unarmed black teenager Michael Brown is plagued with racial bias. The DOJ found that the Ferguson Police Department routinely violated the constitutional rights of black people in the form of racial profiling, excessive force, and unsubstantiated arrests.

I invite you to read the full 102 page report courtesy of Vox here, but for the sake of time here are the more shocking stats regarding Ferguson police practices found in the report:

  • 93 percent of the people arrested were black
  • 90 percent of citations were given to black people
  • 88 percent of cases where police reported using force were against black people
  • 85 percent of vehicle stops involved black people
  • 94 percent of Failure to Comply charges were given to black people
  • 100 percent of police canine biting incidents for which racial information is available, the person bitten was black.

It gets worse. The report also included references to several racist emails by Ferguson officials, all of whom are current employees, sent through their official City of Ferguson email accounts during work hours on the taxpayers’ dime. Here are a few of DOJ officials’ descriptions of the outrageously offensive emails in the report:

A November 2008 email stated that President Barack Obama would not be President for very long because ‘what black man holds a steady job for four years.’

A May 2011 email stated: ‘An African-American woman in New Orleans was admitted into the hospital for a pregnancy termination. Two weeks later she received a check for $5,000. She phoned the hospital to ask who it was from. The hospital said, ‘Crimestoppers.’’

A June 2011 email described a man seeking to obtain ‘welfare’ for his dogs because they are ‘mixed in color, unemployed, lazy, can’t speak English and have no frigging clue who their Daddies are.’

An October 2011 email included a photo of a bare-chested group of dancing women, apparently in Africa, with the caption, ‘Michelle Obama’s High School Reunion.’

According to CNN, the DOJ formally ended its investigation into Officer Darren Wilson in the fatal shooting of Brown by choosing not to bring forth criminal charges, determining in another report that:

There is no evidence upon which prosecutors can rely to disprove Wilson’s stated subjective belief that he feared for his safety.

However, the investigative findings may provide little closure for a city still full of civil unrest, but very much in need of healing. Protest leaders are calling for the resignation of Ferguson Police Chief Tom Jackson and the disbandment of the entire department. Jackson’s resignation may in fact be inevitable, this report serving as a proverbial final nail in the coffin for him and his entire police force.

Alexis Evans
Alexis Evans is an Assistant Editor at Law Street and a Buckeye State native. She has a Bachelor’s Degree in Journalism and a minor in Business from Ohio University. Contact Alexis at aevans@LawStreetMedia.com.

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Ferguson Police Testing “Less Lethal” Bullet Alternative https://legacy.lawstreetmedia.com/news/ferguson-police-testing-less-lethal-bullet-alternative/ https://legacy.lawstreetmedia.com/news/ferguson-police-testing-less-lethal-bullet-alternative/#comments Thu, 05 Feb 2015 18:14:43 +0000 http://lawstreetmedia.wpengine.com/?p=33744

Ferguson police are testing new "less lethal" ammunition in wake of controversial civilian shootings.

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Image courtesy of [Cactusbones via Flickr]

It looks like a toy, resembling a large ping pong ball, but this bright orange device is actually the newest “less lethal” ammunition option for police in pressure situations. Developed by a company out of California called Alternative Ballistics, The Alternative is marketed as an easily accessible attachment for police officers to use that doesn’t actually penetrate its target, only stalls it.

This week, five Ferguson, Missouri police officers will begin to train using the device, with the department planning to introduce it to its entire force of 55 officers.

This “less lethal” option would allow police in situations where lethal force is already presumably justified to cause their target serious pain with less internal injury. In seconds the device can be mounted on the top of the gun without any obstruction to the sight of its operator. According to the company’s website:

Once the weapon is fired, the bullet embeds itself inside the projectile with no chance of escaping, simultaneously transferring the bullet’s energy, propelling it directly at the target. Once the bullet is fired from the gun into the projectile they permanently become one unit. The docking unit will automatically eject from the weapon and the firearm returns to its normal function before it cycles in a new round.

Since the gun returns to its normal functionality after the one-time round is released, officers can still use their weapons for lethal force if necessary.

You can watch a video of The Alternative in action below.

The main point of The Alternative is that it gives its user a choice. A choice that may have come in handy in the controversial shooting of Michael Brown, an unarmed black teenager who was fatally shot by a white police officer. Brown is just one of several victims who has thrust American police procedures under a microscope.This is likely the reason why the Ferguson Police Department is the first in the U.S. to test the $45-per-unit device.

According to the Washington Post, Al Eickhoff, assistant chief of the Ferguson police, had begun researching less lethal options about a month after Brown’s fatal shooting by now-former Ferguson Officer Darren Wilson on August 9, 2014.

But is this a viable option? Those seconds it takes for an officer to pull the device out from a side holster and place it on the barrel of a gun could be life threatening. Steve Ijames, a former Springfield, Missouri police major and training expert thinks that may be the case, telling the Post:

I am all about less lethal. What bothers me is we will allow an officer to face immediate deadly jeopardy with a less-lethal round. Deadly force is the most likely thing to repel deadly force.

The Alternative is hardly the only non-lethal option on the market. Officers have an arsenal of weapons such as tasers, bean bag-loaded shotguns, pepper-filled pellets, rubber-coated bullets, and stun grenades from which to choose. But if this ping pong-looking pellet takes off, it could end up being a favorite.

Alexis Evans
Alexis Evans is an Assistant Editor at Law Street and a Buckeye State native. She has a Bachelor’s Degree in Journalism and a minor in Business from Ohio University. Contact Alexis at aevans@LawStreetMedia.com.

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Racism: It’s on All of Us https://legacy.lawstreetmedia.com/blogs/culture-blog/racism-its-on-all-of-us/ https://legacy.lawstreetmedia.com/blogs/culture-blog/racism-its-on-all-of-us/#respond Fri, 05 Dec 2014 10:30:45 +0000 http://lawstreetmedia.wpengine.com/?p=29564

Racism isn't just for white people, but the media would have you believe that it is.

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Image courtesy of [Christian Matts via Flickr]

Racism still exists in America. I see it every day, and having the increasingly common experience of being a white minority in the city I live in, I know that racism is not merely restricted to Caucasians. Yeah, I said it. Every race can be racist. Every race has stereotypes associated with other ethnicities, and every race has prejudices against those ethnicities based on years of perceived oppression. It does not matter if you are Caucasian, African, Asian, Mexican, or South American–you have experienced racism at some point in your life.

But the race issue is exacerbated by the media and by those who think racism is simply one-sided, i.e. white against every other color. Which is why cases like what happened in Ferguson, frankly, piss me off.

I agree that police officers should be held accountable their actions, and my thoughts are with Michael Brown’s parents, as no one should have to lose a child. But as their story spread and grew it became less and less about a cop shooting an 18 year old 12 times and more about a white man shooting a black man. Thieves and looters, under the guise of “protest” took the opportunity the media gave them and began destroying property, stealing, becoming physically violent toward police officers and each other, all in the name of justice for a black teenager. The protests fueled the media frenzy and the whole cycle repeated and blew up.

Again, Brown’s actions in the surveillance video above, which was taken from just prior to him being killed, do not justify him getting shot a dozen times. But painting him–as some stories did–as a martyr and a saint is a serious over-exaggeration. Yet citizens of Ferguson took the race part of the story–not the legal part–and made him their mascot.

We will never know for certain what happened that day after Brown left the store. What I can assume, though, is that if the officer responsible had been African American, we would not have heard about it. If Officer Darren Wilson and Michael Brown had both been white, we would not have heard about it. Had the races been reversed–black officer shoots white teen–you can bet shit would have hit the fan just the same.

The truth is, according to the 2013 FBI Crime Report: 83 percent of white homicide victims were killed by other whites. Ninety percent of black homicide victims were killed by other blacks. We don’t hear about those cases. The reason this homicide got so much attention? Race. Plain and simple. It would have been more understandable if the news and the protests had focused on a cop abusing his power, but that is not the story we got. Police officers, historically, have often gotten away with things that would have been illegal for regular citizens, regardless of race. Why couldn’t the news have focused on that injustice?

Michael Brown’s story got blown out of proportion. Criminals used his name as an excuse for heinous acts, we were hounded for months with news stories focusing on never-ending protests of criminal behavior, and his parents were left to mourn by dealing with the violence committed in their son’s name. Violence they did not and do not condone. All this because the police officer happened to be white.

Racism is a problem, but to help alleviate that problem we have to stop assuming that every act one race commits against another is rooted in prejudice. We have to stop assuming that Caucasians are the only people who still associate certain races with certain stereotypes. We have to stop calling each other “white” or “black.” Acknowledge one another as people, not as a skin color, and the country can finally be rid of this horrible practice.

Morgan McMurray
Morgan McMurray is an editor and gender equality blogger based in Seattle, Washington. A 2013 graduate of Iowa State University, she has a Bachelor of Arts in English, Journalism, and International Studies. She spends her free time writing, reading, teaching dance classes, and binge-watching Netflix. Contact Morgan at staff@LawStreetMedia.com.

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#HandsUpDontShoot #ICantBreathe: Americans Continue Protests https://legacy.lawstreetmedia.com/news/handsupdontshoot-icantbreathe-american-continue-protests/ https://legacy.lawstreetmedia.com/news/handsupdontshoot-icantbreathe-american-continue-protests/#comments Thu, 04 Dec 2014 19:45:36 +0000 http://lawstreetmedia.wpengine.com/?p=29692

Americans continue to protest the grand jury decisions in Michael Brown and Eric Garner's deaths.

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Image courtesy of [David Bledsoe via Flickr]

If you live in a major metropolitan area, or honestly even a small one, there’s a very decent chance that you’ll see protests today. You probably saw some last night as well. For any of you who have been living under a particularly comfortable and sheltered rock lately, the protests focus on the cases of two black men killed by police officers. Michael Brown, an 18 year old in Ferguson, Missouri, was shot and killed by Officer Darren Wilson on August 9, 2014. On November 24 it was announced that a grand jury had decided not to indict Wilson. Next, there’s the case of Eric Garner in New York, who was killed by Officer Daniel Pantaleo on July 17, 2014. Pantaleo was filmed putting Garner in a chokehold, even though that tactic is banned by the New York Police Department.

Here’s an example of the “hands up don’t shoot” gesture being used in protest:

And Garner’s last words, which have become a rallying cry:

Those are the roots of the protests, the catalysts. But the protests aren’t just about these two men. They’re about the greater issue–or more appropriately issues. I’m not trying to make an exhaustive list here but these protests are about the national conversations we need to have on racism, racial profiling, police violence, police militarization, etc, etc, etc. The protests are about a broken system–the deaths of Brown and Garner are tragic symptoms of this system.

The protests have been taking place all over the United States. New York, where Garner was killed, was especially busy. There was a “die-in” at Grand Central Station yesterday evening; a “die-in” is when protesters lie on the ground, silently.

Protesters marched through New York City and temporarily blocked traffic at major transportation hubs, including the Lincoln Tunnel. One of the protesters explained her motivations, saying:

Every 28 hours a young black man is killed by police. Only 2 percent of police are indicted. Those numbers are crazy. It’s telling young black men that their lives don’t matter and their deaths can be passed over.

Protests were also very active in our nation’s capital. Last night, protesters flooded Dupont Circle and stopped traffic, as well as at some other locations in Northwest Washington. Today there will be a protest over by the Department of Justice at 4:00pm.

Cities all over the country look like this, and I’m going to leave these pictures and videos here, because I think they say more than words ever could:

Philadelphia, Pennsylvania

Oakland, California:

Seattle, Washington

New York, New York

Those are faces of change. Faces tired of the way that our system has been failing. Faces that have had enough. Faces that deserve to be, finally, listened to.

If you’re interested in joining a protest, here’s where they’re happening today. They aren’t going to end anytime soon, because this crisis clearly isn’t ending anytime soon either.

Anneliese Mahoney
Anneliese Mahoney is Managing Editor at Law Street and a Connecticut transplant to Washington D.C. She has a Bachelor’s degree in International Affairs from the George Washington University, and a passion for law, politics, and social issues. Contact Anneliese at amahoney@LawStreetMedia.com.

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Ferguson and the Effect of Social Media Activism https://legacy.lawstreetmedia.com/issues/entertainment-and-culture/ferguson-and-the-effect-of-social-media-activism/ https://legacy.lawstreetmedia.com/issues/entertainment-and-culture/ferguson-and-the-effect-of-social-media-activism/#comments Thu, 04 Dec 2014 11:30:54 +0000 http://lawstreetmedia.wpengine.com/?p=29576

For better or worse social media had a major effect on the way the public at large interacted with the events in Ferguson, Missouri. Is this the new normal?

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Last Monday night St. Louis County Prosecutor Robert McCulloch delivered a combative 25-minute address in which he seemed to blame social media for some of the fallout between the death of Michael Brown on August 9, 2014 and the announcement that police officer Darren Wilson would not be indicted for shooting him.

McCulloch focused his attention on the role of social media covering the story, blaming it for misleading the public and creating a martyr out of Brown from the start. He was particularly cutting to the people of Ferguson who witnessed or didn’t witness the event saying that, “within minutes various accounts of the incident began appearing on social media.” He continued on to say that the posts, mostly on Twitter, were “filled with speculation, and little, if any solid, accurate information.” His statement did little to quell the fire on social media platforms like Twitter, Tumblr, and Facebook. In fact, it might have ignited a deeper fury in the hearts and minds of those who were blogging about the incident.

Social media has been a key part of the nation’s involvement in the Ferguson case since the day it happened. Protest footage was shown online as it developed through YouTube, Twitter, and Facebook posts. If that spark of anger ever dissipated, a well-timed hashtag could bring it back, and when the evidence was released, people joined together to comb through the details for more information.

What would have happened if social media hadn’t been around for Ferguson? It’s unclear, but the impact of social media cannot be denied–it changed the face of a county, the life of a man, and the start of a movement.


Twitter

From the moment the shooting happened and continuing through today, Twitter has had a lasting impact on the general public’s memory of Ferguson and the events that followed. Tweets from Alderman Antonio French kept everyone abreast of what was happening, and were the source for information on the scene. The story spread far and wide, and may have been what some witnesses used when they discussed the event before a jury. Comments were made on everything from the extensive media coverage to the altercation between local police and a Washington Post reporter.

The near-constant trend of #Ferguson has not stopped since August, with nearly 3.5 million tweets around the planet in the three hours after the decision was delivered to the public.

People didn’t just use Twitter to talk– it was used to promote action as well. According to the Social Media Listening Center at Clemson University, the incident in Ferguson and the hashtags #MichaelBrown, #Ferguson, #DarrenWilson, and #BlackLivesMatter had the highest response to any event since they started monitoring the service. Listening Center Director Joe Mazer said that 90 percent of the Twitter mentions were negative toward Officer Wilson and the Ferguson Police Department. He said key influencers of the conversation were members of the media and the forces on the ground, or the people in and around Ferguson.

Much of that response was to organize protests, educate others, and spread the word about both sides of the case. Movements started on Twitter and many more grew because of it. In a country where people often say we don’t participate in government, simple sentences in 140 character increments have done what political leaders haven’t been able to do in quite some time: bring groups of people together through their feelings of injustice and anger.

#StoptheParade

Twitter took things to another level when activists in NYC took to social media and encouraged people in and around the city to gather together to interrupt the Macy’s Thanksgiving Day Parade. They used the hash tag #StoptheParade to plan the protest that was to bring the injustice from the grand jury result to the eyes of those enjoying the parade. While it unclear how many people were involved in its inception, or even who started the movement, it quickly moved from hundreds of tweets on Twitter to posts on Facebook and Tumblr. As the movement grew, a map was released to show protesters just where to gather.


Though mainstream media didn’t cover the protests instead of the parade, videos and images flowed onto Twitter and Instagram showing peaceful protesters we well as those who got a little more physical. It seemed like the NYPD got word of the event, as there were many officers lining the streets specifically where protesters planned to meet.


Tumblr

Much of what is happening on Tumblr is similar to what is happening on Twitter, though there are of course longer posts with some more detailed analysis of court documents and personal responses. However, there is one thing that is very different: the Ferguson National Response Network. The network stems from an idea that protesters had before the indictment announcement, which is a system that allowed interested parties to sign up to receive SMS messages about the announcement. This was especially helpful to those who worked during the announcements. As that movement grew, there was a demand to continue this collection of activities, so they created the Network Response Team. The Tumblr page allows submissions for peaceful demonstrations, allowing other people to join in so that the event is a success. There have been more than 70 events and counting planned through the page.


Online Fundraising

Social media and internet resources weren’t just a refuge for those fighting against Wilson. There were two fundraising campaigns set up to raise money for the police officer when it became apparent that he probably wouldn’t return to the line of duty, either through indictment or from resigning. The sites were set up through GoFundMe, but they were eventually halted. There was also a Facebook page called “Support Darren Wilson,” which raised more than $430,000. That too was halted with only a parting message stating that interested parties should “Please redirect Badges for Darren to the Ferguson PD. Thank you for your continued support. We understand that there will be many unanswered questions and concerns and we will update supporters as soon as we have the answers.” Another site, Support Officer Wilson, has raised more than $235,000, but it also stopped accepting donations without an explanation. There were reports that the administrators of the pages were receiving threats over their participation.


So, was social media’s role in Ferguson good or bad?

The Good

Social media is great at getting information out quickly about ongoing events. One could just set his or her browser to “Ferguson” and it was almost a real-time display of the events. Networks are only able to cover one aspect at a time, but social media has access to the collective information. It also allows for the continued planning of events that need larger groups of people as a sort of grassroots campaign.

Social media also allows people to search for information that is relevant to them. While the major news networks were all turned to the events in Ferguson, communities in New York City and Philadelphia also had their own protests. By using Twitter, one would just have to search to see where the protests were–either to join in or avoid them during travel.

Finally, it is obvious that social media encourages everyone to be more active and aware of the world around us. Without social media, we would only be privy to the information released by the news media, much of which has been slanted toward one direction or the other. It allows us to have educated debates, understand the details, and make our own decisions.

The Bad

Social media may have hurt the legal proceedings in Ferguson more than it helped. Those involved claim that witnesses who were around the scene on the street claimed to have seen Brown with his hands up, however many of their accounts seem to have come from Twitter rather than their own experience. Former New York City Mayor Rudy Giuliani even went on record to say that those witnesses should have been sued for perjury. While some argue that this is just looking for a reason not to persecute Wilson, the truth remains that many eyewitness accounts didn’t match up.

Social media may have also played a part in the violence, stoking anger and fear in the hearts of those involved. We can all agree that the violence and looting that has erupted, though understandable to some, has left many with a bad taste in their mouths and is almost undermining the cause. Social media has a time and place, and if we can use it responsibly, it will help shape the way we receive, discuss, and process news.


Resources

Primary

Twitter: #Ferguson Tag on Twitter

Mail Chimp: Darren Wilson Verdict Text Message Service

Twitter Reverb: Real Time Display of Tweets

Additional

Bustle: Ferguson’s Prosecutor Blamed Social Media for Misinformation, Entirely Ignoring the Mission and Necessity of Social Media

LA Times: Fundraising Web pages for Ferguson cop still closed; it’s unclear why

Washington Post: Grand Jury Reaches Decision in Case of Ferguson Police Officer

Washington Post: How Social Media Freed Reporter

Mediaite: Indictment Announcement from Ferguson

WYFF4: Social Media Listening lab sees record posts on Ferguson

Ferguson Response: Ferguson National Response Network

Talking Points Memo: Here Is How The Prosecutor Described The Michael Brown Shooting

Talking Points Memo: Rudy Giuliani On Ferguson Decision: I’d Prosecute Witnesses For Lying (VIDEO)

 

Noel Diem
Law Street contributor Noel Diem is an editor and aspiring author based in Reading, Pennsylvania. She is an alum of Albright College where she studied English and Secondary Education. In her spare time she enjoys traveling, theater, fashion, and literature. Contact Noel at staff@LawStreetMedia.com.

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In the Aftermath of Ferguson, Will There Be a Wrongful Death Suit? https://legacy.lawstreetmedia.com/blogs/aftermath-ferguson-grand-jury-decision-possibility-wrongful-death-lawsuit/ https://legacy.lawstreetmedia.com/blogs/aftermath-ferguson-grand-jury-decision-possibility-wrongful-death-lawsuit/#comments Fri, 28 Nov 2014 12:30:43 +0000 http://lawstreetmedia.wpengine.com/?p=29465

Discussions in the aftermath of the Ferguson Grand Jury decision.

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Image courtesy of [Youth Radio via Flickr]

On Monday night the highly anticipated case of the fatal shooting of Michael Brown by police officer Darren Wilson reached its conclusion. The grand jury found that it did not have sufficient evidence to indict Wilson. In light of this controversial result, there has been speculation as to whether Brown’s family will bring a civil lawsuit against Wilson and the Ferguson Police Department.

The Brown family would have to show that Wilson intentionally or negligently killed Brown. The family could sue Wilson and city officials for economic damages, such as lost future income and funeral expenses, as well as punitive damages.

Although there were no criminal charges brought against Wilson, Brown’s family might have a better chance at succeeding in a civil lawsuit due to the lower burden of proof. In criminal court, a case must be proven beyond a reasonable doubt in order to validate a criminal conviction. In other words, there must be no reasonable doubt in the minds of reasonable persons that the defendant is guilty. Contrastingly, in a civil lawsuit the standard of proof is preponderance of the evidence. In this case, the Brown family would have to show that Wilson was more likely liable than not.

In the past, there have been cases similar to this, where a plaintiff’s family was successful in such suits. Most notably was the wrongful death lawsuit against former athlete O.J. Simpson. Although a jury acquitted Simpson of murder, a civil jury found him liable for wrongful death of his former wife and her friend and ordered Simpson to pay $33.5 million in damages to their families.

Although the aftermath of the criminal case is still being felt all over the country, it will be interesting to see how the civil lawsuit plays out once things settle down.

 

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Melissa Klafter has a JD from St. John’s University School of Law and plans to pursue a career in Personal Injury Law. You can find her binge-watching her favorite TV shows, rooting for the Wisconsin Badgers, and playing with her kitty, Phoebe. Contact Melissa at staff@LawStreetMedia.com.

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KKK vs. Anonymous: Cyberwar Declared Over Ferguson Protests https://legacy.lawstreetmedia.com/news/kkk-vs-anonymous-cyberwar-declared-ferguson-protests/ https://legacy.lawstreetmedia.com/news/kkk-vs-anonymous-cyberwar-declared-ferguson-protests/#comments Fri, 21 Nov 2014 20:21:31 +0000 http://lawstreetmedia.wpengine.com/?p=29230

Anonymous and the Ku Klux Klan have engaged in an apparent all-out cyber war over the events in Ferguson, Missouri.

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Image courtesy of [Brian Klug via Flickr]

The group of unnamed “hacktivists” Anonymous and the Ku Klux Klan have engaged in an apparent all-out cyber war over the events in Ferguson, Missouri over the last week. Anonymous apparently took control of the Klan Twitter account @KuKluxKlanUSA on Monday and seemingly still had control of it as of Friday. Anonymous also appears to have released a video on Tuesday launching a campaign called #OpKKK, or Operation KKK, threatening to take any content the KKK puts on the Web and to “dox” their members, meaning they would publish members’ personal information, including where they live.

Anonymous’s attacks are supposedly in response to threats from the KKK, well-known for being a hate group, in the St. Louis area against people protesting the death of Michael Brown and calling for the punishment of Ferguson police officer Darren Wilson. VICE News reports that the group distributed flyers on the streets and online the previous week addressing “terrorists masquerading as ‘peaceful protesters.’”

‘We will not sit by and allow you to harm our families, communities, property nor disrupt our daily lives. Your right to freedom of speech  does not give you the right to terrorize citizens,’ the flyer reads. ‘We will use lethal force as provided under Missouri Law to defend ourselves,’ it adds, citing Missouri’s version of a stand-your-ground law.

In Anonymous’s video response to the threats, a digitally altered voice explains why the hacker group chose to attack the Klan online. “We are not attacking you because of what you believe in as we fight for freedom of speech. We are attacking you because of what you did to our brothers and sisters at the Ferguson protest on the twelfth of November,” it says.

What followed were more suggestions of the cyber war spilling over into real violence. On Wednesday, another supposedly Anonymous-affiliated account posted an alleged message from Klan leader Frank Ancona encouraging members to ‘accidentally’ shoot any protesters wearing a Guy Fawkes mask, associated with the Anonymous movement.

‘It’s deer hunting season here in southern Missouri, it’s really easy to see how a hunter could mistake someone wearing one of those gay anonymous masks for the hind-end of a whitetail deer. Boom!!!! Oops, sorry it was an accident,’ the tweet reads.

While he didn’t explain why anyone would be deer hunting in the streets of the St. Louis metro area, Ancona seems to have confirmed the message in another statement attributed to him, RT reported. “You pathetic n***** lovers are going down, we’re NOT HIDING. WE’RE NOT ASHAMED OF WHO WE ARE AND WHAT WE REPRESENT. THE INVISIBLE EMPIRE CANNOT AND WILL NOT BE OVERTHROWN,” the message posted to Pastebin reads.

This isn’t Anonymous’s debut in Ferguson. Toward the beginning of the protests, when the identity of the officer who shot Brown was not known, Anonymous was on a campaign to release the names and information of various Ferguson police officers. In the process, a self-proclaimed member released what he or she claimed was the name of the shooting officer, Bryan Willman. Willman, a police dispatcher, was forced to shutter many of his online accounts, change his passwords, and stay in his house for six days, the New Yorker reported. It was only after this erroneous leak that the police department released the name of Officer Darren Wilson as the real shooter.

Despite the major mistake that may have endangered the life of an innocent police dispatcher, Anonymous has proven to be the real deal when it comes to hacking anything from police departments to hate groups.

Still, the authenticity of anything published in this apparent cyber war is difficult to verify for any news organization–a lot of the details of whose controlling these social media accounts is unknown. That’s because Anonymous actually is anonymous and is a loosely-associated network; almost anyone can claim to be a member. At the same time, the KKK seems to lack the technical know-how to give any sort of  coordinated response.

Zaid Shoorbajee
Zaid Shoorbajee is a an undergraduate student at The George Washington University majoring in journalism and economics. He is from the Washington, D.C. area and likes reading and writing about international affairs, politics, business and technology (especially when they intersect). Contact Zaid at staff@LawStreetMedia.com.

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Dr. Cornel West’s Religious Activism is Exactly What We Need in Ferguson https://legacy.lawstreetmedia.com/blogs/culture-blog/dr-cornel-west-religious-activism-exactly-what-we-need-in-ferguson/ https://legacy.lawstreetmedia.com/blogs/culture-blog/dr-cornel-west-religious-activism-exactly-what-we-need-in-ferguson/#comments Mon, 20 Oct 2014 10:33:57 +0000 http://lawstreetmedia.wpengine.com/?p=26837

Religious leaders are making their way to Ferguson.

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Image courtesy of [Bernd Schwabe via Wikipedia]

In Ferguson, Missouri, protests over police aggression continue two-and-a-half months after unarmed teenager Michael  Brown was shot and killed by police officer Darren Wilson. On Monday, October 13, Dr. Cornel West and other spiritual leaders were arrested. This came as no surprise to West; earlier during the protests he claimed “I came here to go to jail.” While this feels like a 1960s documentary on Martin Luther King, Jr., that spirit is exactly what is needed now. We should all take a page from West’s book and really see the police militarization and violence for what it is: a civil rights issue. Addressing it with a religious community the way leaders did a half century ago could help.

As a PBS special notes, West “is a highly regarded scholar of religion, philosophy, and African-American studies” and “an an intellectual provocateur outside of the academic world.” His combination of academia and activism, of scholarship and celebrity, profoundly impacts the different causes he joins or criticizes. As a renowned Black figure in America, West’s disappointment in President Obama has been especially jarring. Slate reported this summer that West said that Obama “posed as a progressive and turned out to be counterfeit. We ended up with a Wall Street presidency, a drone presidency, a national security presidency.” Such harsh criticism reveals the complex matrix of Obama’s approval in the Black community. That the criticism is newsworthy reveals the significance of West’s opinion in America.

The Guardian reports that the recent rally in Ferguson was meant to harken back to the Civil Rights movement, and West’s intent to be arrested solidifies that. Leaders of the Black Freedom movement frequently organized to fill the jails of segregationist towns and cities across the South. Faith played an important role. Religious networks enabled civil rights leaders to encourage and mobilize people in the fight against oppression. But in Ferguson it seems like fewer people are looking for religious guidance from faith authorities. According to the Guardian, St. Louis rapper and activist Tef Poe “took the microphone and noted that the Christian, Jewish and Muslim preachers on the stage were not the people on the street trying to protect people from the police.” The article suggests that the nonviolence espoused in the 50s and 60s may not carry as much weight as it used to.

I have already written on how an emphasis on community is significant for civil rights. It may be a loss, then, if Ferguson protesters reject any religion’s power to engage and empower a community. This isn’t to say that secularism should be removed from protest, but secular people should not dismiss religion’s ability to organize. How can religion, grounded in old beliefs and traditions, aid a progressive movement toward greater justice? West, part theologian and part activist, has an approach that helps bridge the gap that many may see between religion and social justice.

His conception of democracy includes “the prophetic commitment to justice, which is at the foundation of Judaism, Christianity and Islam, means we must fight the reasons for unjustified suffering and social misery,” as a biography on West notes. Bringing religiosity into the activist fold is important for the pressing civil rights problems of our time. As the Guardian article notes, many see this as a generational problem in which elders are being held back from action. Speaking as a young person who is largely not religious, young people who are seeking change need to respect the authority of American religiosity; we should note where democratic principles of social justice meet those of religion.

 

Jake Ephros
Jake Ephros is a native of Montclair, New Jersey where he volunteered for political campaigns from a young age. He studies Political Science, Economics, and Philosophy at American University and looks forward to a career built around political activism, through journalism, organizing, or the government. Contact Jake at staff@LawStreetMedia.com.

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