Wednesday, December 3, 2014

ERIC GARNER AND THE REFUSAL TO INDICT NYPD



Once again, a grand jury has refused to return an indictment against an officer who has unjustifiably murdered an unarmed Black man.  

Last week, it was a St. Louis County (MO) grand jury that returned a non-indictment decision in favor of former Ferguson Police Officer Darren Wilson for the August 9th shooting death of an unarmed 18-year old American citizen named Mike Brown.


Yesterday, a Staten Island (NY) grand jury voted to NOT indict Officer Daniel Pantaleo in the July 17th chokehold death of 43-year old Eric Garner, who was also an American citizen.  


As American citizens, Brown and Garner had Constitutional Rights that were clearly violated by the officers, who took an oath of office in which they swore or affirmed that they would support the Constitution of the United States, and the 
constitution of their respective States, in the discharge of their duties. 

With that being said, let's review certain provisions of the U.S. Constitution that certain officers, Prosecutors or District Attorneys, grand juries, juries and judges seem to forget, at times, apply to American citizens with dark skinned:  



      ~ The Fourth Amendment of the U.S. Constitution provides, "The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized." Ultimately, these words endeavor to protect two fundamental liberty interests - the right to privacy and freedom from arbitrary invasions. (Source)

     ~ The Equal Protection Clause of the 14th amendment of the U.S. Constitution prohibits states from denying any person within its jurisdiction the equal protection of the lawsSee U.S. Const. amend. XIV. In other words, the laws of a state must treat an individual in the same manner as others in similar conditions and circumstances. (Source)

     ~ The Civil Rights Act of 1964 (Pub.L. 88-352, 78 Stat. 241 enacted July 2, 1964) is a landmark piece of civil rights legislation in the United States  that outlawed discrimination based on race, color, religion, sex, or national origin. It ended unequal application of voter registration requirements and racial segregation in schools, at the workplace and by facilities that served the general public (known as "public accommodations"). (Source)


In a nutshell, the Constitution and all its protections applies to Black Americans and human beings with darker skin complexions. Selah.