In my perspective, institutional racism and disparities are reflective of the disproportional structure of the laws. Many communities are affected by the changes or the unchanged routine matters that occur during the transitional phases of law passing. The unknown parameters within a community may be camouflaged and manifest themselves as a social antagonistic response in how they are enforced because of how they are opposed. Usually, this process is central to the drafting, sub-review, and approval periods surrounding the passing of the laws. The opposing views become determinant to the shared views of race, creed, color, and national origin. Institutional racism in the law enforcement sector is visible when incidents show that its existence can not be ignored.
Although many sources highlight important factors to allow for the rationalization of racism, it is still unsettling that brutality and other forms of violence stem from a non-colorblind society. Historically, violence has been used to prohibit some people from gaining the support of others to embark on a life of independent living within a pluralistic society. In the article Racism and Police Brutality in America, the authors emphasize the concepts related to the critical race theory and where the fixated views of social heritage may have emerged. The disparities in behavior between citizens and officers in the way it is challenged is to imply that officers are not also citizens. The idea that people become their employment positions outside of the workplace puts civil pressure on the social environment. Therefore making it clear just how difficult and even threatening that social status change can impact a society.
In the documentary "16 Shots," representative Pat Camden responded to the shooting of Laquan Mcdonald by stating that it was "a clear cut case of self-defense." The statement points out that there was a clear denial of nonviolent confrontation during the incident that caused a shock of the conscience. Drawing focus to the use of force being "objectively reasonable" to the totality of the circumstances. However, it has been stated that merely holding a firearm, for example, is not cause for the use of deadly force but the threat that accompanies the behavior that pulls justification for the acts that follow, Cooper v. Sheenan, 735 F.3d 153 (4th Cir. 2013). The documentary showed a short clip of the incident, which implied that the officer responded reasonably to what appeared to be a threatening situation from the angle from which it was filmed.
Jason Van Dyke was said to have been the subject of several misconduct allegations, which in my opinion, suggests that the value of controversy should not surpass the rights of the people under common law. Given the circumstance, it seems that a degree of civil resistance was brewing already in objection to the kinds of protections being offered and provided in relation to civil claims before the incident. Jason Van Dykes sentence of 6.5 years with the possibility of parole in three years seems lenient for a conviction of second-degree murder. In my opinion, it appears that the factors were extraneous to the case, which drove the sentencing decision, showing that there was some level of shock that otherwise may have challenged the ego of the officer into responding the way that he did towards Laquan Mcdonald, Johnson v. Glick, 481 F.2d 1028 (2d Cir. 1973).
Finally, the quote by Journalist Jamie Kalven "I did what everybody does: I turned the page," expresses that free will is paradoxical to the changes lurking within the questions that seek reinstatement. Kalven's statement shares the burden of showing a level of social precedents that is governed by the broader "orbiter dictum."
Citations:
Researchers Propose Reforms on Police Use of Force in U.S. in new Article. Wilson Center for Science and Justice | Bringing Empirical Research to Criminal Justice Reform. (2020, December 10). https://wcsj.law.duke.edu/2020/12/researchers-propose-reforms-on-police-use-of-force-in-u-s-in-new-article/.
Lamond, G. (2006, June 20). Precedent and Analogy in Legal Reasoning. Stanford Encyclopedia of Philosophy. https://plato.stanford.edu/entries/legal-reas-prec/.
Smentkowski, B. P. (2013, September 11). Seventh Amendment. Encyclopedia Britannica. https://www.britannica.com/topic/Seventh-Amendment
C. W. Muehlberger, Col. Calvin Hooker Goddard 1891-1955, 46 J. Crim. L. Criminology & Police Sci. 103 (1955-1956)
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