Justice and equality in the time of Ferguson and Pink Houses shootings

November 26, 2014 Brooklyn Daily Eagle

Bennett Capers, photo courtesy of Brooklyn Law School

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After the grand jury announcement in Ferguson, Missouri, that white police officer Darren Wilson would not be indicted for the shooting death of unarmed teen Michael Brown, the community, politicians and celebrities alike demanded justice in the wake of the Brown case.

With Brooklyn preparing for its own announcement in the wake of the police shooting of Akai Gurley, Brooklyn Law School professor I. Bennett Capers answers the question: What is justice?

“Justice is about more than simply the result. It is also about the process and whether the process seems fair. Part of the frustration in Ferguson — a frustration shared in other communities — is that the process itself is unjust. If we’re all equal before the law, do we lose that equality when we give law enforcement officers an extra benefit of the doubt? Do we lose that equality when we initiate a criminal investigation only after there has been public outcry? When we say, ‘Well, we’re not going to make any arrests until we have all the facts’ — an allowance granted to some individuals but not others? Do we lose equality when the law itself seems tilted in how it judges self-defense or reasonable law enforcement force? For many, the answer to these questions is yes. Unfortunately, outcomes will continue to disappoint. But we can at least make those outcomes bearable in future cases by making the process fairer and more transparent.”