The Derek Chauvin verdict was remarkable because the law is designed to favor police over people
via Hennepin County Sheriff

The verdict in the trial of Derek Chauvin, a former Minnesota police officer convicted of murdering George Floyd, has many breathing a sigh of relief. Even though the disturbing video evidence of Floyd dying under Chauvin's knee is impossible to refute, it's incredibly hard to convict an officer of murder.

The United States judicial system is so preferential to law enforcement that even though the world saw murder in broad daylight, many were skeptical of whether he'd be convicted.

"Most people, I think, believe that it's a slam dunk," David Harris, a law professor at the University of Pittsburgh and an expert in policing, told the Washington Post before the trial. "But he said, "the reality of the law and the legal system is, it's just not."


Chauvin was convicted of all three charges of second-degree murder, third-degree murder, and manslaughter. The presumptive sentence according to Minnesota law is 12 ½ years, but aggravating circumstances could raise that number by decades.

"Let's also be clear that such a verdict is also much too rare," President Biden said after the verdict was announced. "For so many, it feels like it took all of that for the judicial system to deliver a just — just basic accountability."

Since 2005, Philip M. Stinson, a criminologist at Bowling Green State University, has been tracking police misconduct and found the number convicted of murder is incredibly small.

Over that time's he's counted 140 causes of police being arrested on murder or manslaughter charges as the result of an on-duty shooting. Of the 97 cases that have been concluded, only seven resulted in murder convictions. Some were reduced to lesser offenses and more than half were dismissed or resulted in acquittals.

When it comes to justice for unarmed Black men and women, the numbers are even more sobering.

According to NPR, around 135 Black people have been fatally shot by police since 2015 and authorities failed to press charges in 80 of these cases. Only 13 of the officers who received manslaughter or murder charges with only four were found guilty.

There are myriad reasons why it's so difficult to convict police of murder. "The law favors the police, the law as it exists," Harris added.

One major reason is because of the Supreme Court's 1989 Graham v. Connor decision that states an officer's actions must be judged against what a reasonable officer would do. "A police officer can use force, but it has to be justifiable," Neil J. Bruntrager, a St. Louis-based attorney, told Washington Post. "And what the Supreme Court has told us is we have to see it through the eyes of the police."

via Fibonacci Blue / Flickr


Officers can avoid convictions by claiming they killed someone out of fear for their own safety.

"If a civilian is displaying a weapon, it's very hard to charge [the police officer] with murder for taking action against that civilian," Kate Levine, a professor of law at the Benjamin N. Cardozo School of Law, told FiveThirtyEight. "And even if a civilian doesn't have a weapon, it's hard to charge a police officer if [the officer] can credibly say they feared for their life."

Police also enjoy the protection of unions that provide high-priced legal services immediately after an incident. There is also a built-in conflict of interest in the legal system. Prosecutors often depend on police so they're inclined to protect those relationships.

Police defendants are more likely to refuse plea deals because their high-quality representation makes them more likely to win a trial. "The quality of the lawyering is very different from regular criminal cases," Brandon Garrett, professor law and Duke University, told CNN. "For the typical criminal defendant, it's incredibly risky to go to trial."

Finally, police are protected from being held accountable by qualified immunity, a judicial doctrine that makes it nearly impossible for individuals to sue public officials. "Qualified immunity fosters an environment where government agents, including police, may feel empowered to violate people's rights with the knowledge they will face few consequences," the ACLU said. "Under qualified immunity, lives can be taken with impunity."

Officers are able to hide behind qualified immunity because of a clause that says their misbehavior must be "clearly established" somewhere in case law.

Lawmakers across the country are working to hold police accountable by striking down qualified immunity. In 2020, former Republican and current Libertarian Representative Justin Amash of Michigan unveiled the first bill to end qualified immunity on a federal level for all public officials. Unfortunately, it went nowhere.

However, it looks like qualified immunity's time could be coming to an end at the local level. Bills addressing qualified immunity have been introduced in 19 states and Connecticut, Colorado, and New Mexico have all passed laws curtailing its power. New York City recently became the first municipality to restrict its use.

It's too early to say whether the Chauvin decision marks the beginning of a new era where police are held accountable for their on-duty behavior. But the result of the trial is a great example of what can happen when Americans come together in support of truth and justice.

"For so many people, it seems like it took a unique and extraordinary convergence of factors, "President Biden said, "a brave young woman with a smartphone camera; a crowd that was traumatized — traumatized witnesses; a murder that lasts almost 10 minutes in broad daylight for, ultimately, the whole world to see; officers standing up and testifying against a fellow officer instead of just closing ranks, which should be commended; a jury who heard the evidence, carried out their civic duty in the midst of an extraordinary moment, under extraordinary pressure."

Courtesy of Amita Swadhin
True

In 2016, Amita Swadhin, a child of two immigrant parents from India, founded Mirror Memoirs to help combat rape culture. The national storytelling and organizing project is dedicated to sharing the stories of LGBTQIA+ Black, indigenous people, and people of color who survived child sexual abuse.

"Whether or not you are a survivor, 100% of us are raised in rape culture. It's the water that we're swimming in. But just as fish don't know they are in water, because it's just the world around them that they've always been in, people (and especially those who aren't survivors) may need some help actually seeing it," they add.

"Mirror Memoirs attempts to be the dye that helps everyone understand the reality of rape culture."

Amita built the idea for Mirror Memoirs from a theater project called "Undesirable Elements: Secret Survivors" that featured their story and those of four other survivors in New York City, as well as a documentary film and educational toolkit based on the project.

"Secret Survivors had a cast that was gender, race, and age-diverse in many ways, but we had neglected to include transgender women," Amita explains. "Our goal was to help all people who want to co-create a world without child sexual abuse understand that the systems historically meant to help survivors find 'healing' and 'justice' — namely the child welfare system, policing, and prisons — are actually systems that facilitate the rape of children in oppressed communities," Amita continues. "We all have to explore tools of healing and accountability outside of these systems if we truly want to end all forms of sexual violence and rape culture."

Amita also wants Mirror Memoirs to be a place of healing for survivors that have historically been ignored or underserved by anti-violence organizations due to transphobia, homophobia, racism, xenophobia, and white supremacy.

Amita Swadhin

"Hearing survivors' stories is absolutely healing for other survivors, since child sexual abuse is a global pandemic that few people know how to talk about, let alone treat and prevent."

"Since sexual violence is an isolating event, girded by shame and stigma, understanding that you're not alone and connecting with other survivors is alchemy, transmuting isolation into intimacy and connection."

This is something that Amita knows and understands well as a survivor herself.

"My childhood included a lot of violence from my father, including rape and other forms of domestic violence," says Amita. "Mandated reporting was imposed on me when I was 13 and it was largely unhelpful since the prosecutors threatened to incarcerate my mother for 'being complicit' in the violence I experienced, even though she was also abused by my father for years."

What helped them during this time was having the support of others.

"I'm grateful to have had a loving younger sister and a few really close friends, some of whom were also surviving child sexual abuse, though we didn't know how to talk about it at the time," Amita says.

"I'm also a queer, non-binary femme person living with complex post-traumatic stress disorder, and those identities have shaped a lot of my life experiences," they continue. "I'm really lucky to have an incredible partner and network of friends and family who love me."

"These realizations put me on the path of my life's work to end this violence quite early in life," they said.

Amita wants Mirror Memoirs to help build awareness of just how pervasive rape culture is. "One in four girls and one in six boys will be raped or sexually assaulted by the age of 18," Amita explains, "and the rates are even higher for vulnerable populations, such as gender non-conforming, disabled, deaf, unhoused, and institutionalized children." By sharing their stories, they're hoping to create change.

"Listening to stories is also a powerful way to build empathy, due to the mirror neurons in people's brains. This is, in part, why the project is called Mirror Memoirs."

So far, Mirror Memoirs has created an audio archive of BIPOC LGBTQI+ child sexual abuse survivors sharing their stories of survival and resilience that includes stories from 60 survivors across 50 states. This year, they plan to record another 15 stories, specifically of transgender and nonbinary people who survived child sexual abuse in a sport-related setting, with their partner organization, Athlete Ally.

"This endeavor is in response to the more than 100 bills that have been proposed across at least 36 states in 2021 seeking to limit the rights of transgender and non-binary children to play sports and to receive gender-affirming medical care with the support of their parents and doctors," Amita says.

In 2017, Mirror Memoirs held its first gathering, which was attended by 31 people. Today, the organization is a fiscally sponsored, national nonprofit with two staff members, a board of 10 people, a leadership council of seven people, and 500 members nationally.

When the pandemic hit in 2020, they created a mutual aid fund for the LGBTQIA+ community of color and were able to raise a quarter-million dollars. They received 2,509 applications for assistance, and in the end, they decided to split the money evenly between each applicant.

While they're still using storytelling as the building block of their work, they're also engaging in policy and advocacy work, leadership development, and hosting monthly member meetings online.

For their work, Amita is one of Tory's Burch's Empowered Women. Their donation will go to Mirror Memoirs to help fund production costs for their new theater project, "Transmutation: A Ceremony," featuring four Black transgender, intersex, and non-binary women and femmes who live in California.

"I'm grateful to every single child sexual survivor who has ever disclosed their truth to me," Amita says. "I know another world is possible, and I know survivors will build it, together with all the people who love us."

To learn more about Tory Burch and Upworthy's Empowered Women program visit https://www.toryburch.com/empoweredwomen/. Nominate an inspiring woman in your community today!

Cipolla's graph with the benefits and losses that an individual causes to him or herself and causes to others.

Have you ever known someone who was educated, well-spoken and curious, but had a real knack for making terrible decisions and bringing others down with them? These people are perplexing because we're trained to see them as intelligent, but their lives are a total mess.

On the other hand, have you ever met someone who may not have a formal education or be the best with words, but they live wisely and their actions uplift themselves and others?

In 1976, Italian economist Carlo Cipolla wrote a tongue-in-cheek essay called "The Basic Laws of Human Stupidity" that provides a great framework for judging someone's real intelligence. Now, the term "stupid" isn't the most artful way of describing someone who lives unwisely, but in his essay Cipolla uses it in a lighthearted way.

Cipolla explains his theory of intelligence through five basic laws and a matrix that he believes applies to everyone.

Keep Reading Show less

Images courtesy of Mark Storhaug & Kaiya Bates

True

The experiences we have at school tend to stay with us throughout our lives. It's an impactful time where small acts of kindness, encouragement, and inspiration go a long way.

Schools, classrooms, and teachers that are welcoming and inclusive support students' development and help set them up for a positive and engaging path in life.

Here are three of our favorite everyday actions that are spreading kindness on campus in a big way:

Image courtesy of Mark Storhaug

1. Pickleball to Get Fifth Graders Moving

Mark Storhaug is a 5th grade teacher at Kingsley Elementary in Los Angeles, who wants to use pickleball to get his students "moving on the playground again after 15 months of being Zombies learning at home."

Pickleball is a paddle ball sport that mixes elements of badminton, table tennis, and tennis, where two or four players use solid paddles to hit a perforated plastic ball over a net. It's as simple as that.

Kingsley Elementary is in a low-income neighborhood where outdoor spaces where kids can move around are minimal. Mark's goal is to get two or three pickleball courts set up in the schoolyard and have kids join in on what's quickly becoming a national craze. Mark hopes that pickleball will promote movement and teamwork for all his students. He aims to take advantage of the 20-minute physical education time allotted each day to introduce the game to his students.

Help Mark get his students outside, exercising, learning to cooperate, and having fun by donating to his GoFundMe.

Image courtesy of Kaiya Bates

2. Staying C.A.L.M: Regulation Kits for Kids

According to the WHO around 280 million people worldwide suffer from depression. In the US, 1 in 5 adults experience mental illness and 1 in 20 experience severe mental illness, according to the National Alliance on Mental Illness.

Kaiya Bates, who was recently crowned Miss Tri-Cities Outstanding Teen for 2022, is one of those people, and has endured severe anxiety, depression, and selective mutism for most of her life.

Through her GoFundMe, Kaiya aims to use her "knowledge to inspire and help others through their mental health journey and to spread positive and factual awareness."

She's put together regulation kits (that she's used herself) for teachers to use with students who are experiencing stress and anxiety. Each "CALM-ing" kit includes a two-minute timer, fidget toolboxes, storage crates, breathing spheres, art supplies and more.

Kaiya's GoFundMe goal is to send a kit to every teacher in every school in the Pasco School District in Washington where she lives.

To help Kaiya achieve her goal, visit Staying C.A.L.M: Regulation Kits for Kids.

Image courtesy of Julie Tarman

3. Library for a high school heritage Spanish class

Julie Tarman is a high school Spanish teacher in Sacramento, California, who hopes to raise enough money to create a Spanish language class library.

The school is in a low-income area, and although her students come from Spanish-speaking homes, they need help building their fluency, confidence, and vocabulary through reading Spanish language books that will actually interest them.

Julie believes that creating a library that affirms her students' cultural heritage will allow them to discover the joy of reading, learn new things about the world, and be supported in their academic futures.

To support Julie's GoFundMe, visit Library for a high school heritage Spanish class.

Do YOU have an idea for a fundraiser that could make a difference? Upworthy and GoFundMe are celebrating ideas that make the world a better, kinder place. Visit upworthy.com/kindness to join the largest collaboration for human kindness in history and start your own GoFundMe.

'Tis the season to do weird things with pumpkins.

A few years ago, the midwives of the Royal Oldham hospital in England decided to illustrate the horrors of childbirth using the whimsy of Halloween pumpkin art. The maternity ward became a zone of terror, as the "dilation pumpkins" were lined up in ascendant order, matching how the cervix dilates during labor, from a harmless 1cm to a terrifying 10cm.

The first pumpkin looks adorably surprised. Nothing too scary about that, right? Kind of like it just had an unexpected visit from a cute puppy.

Then take a look at that last pumpkin, apparently at the optimum dilation for giving birth, mouth fully agape, with an expression that can't help but convey "OUCH!" No amount of fun googly eyes are gonna make that image less frightening. Yikes.

Keep Reading Show less
Gage Skidmore/Wikimedia Commons

Wil Wheaton speaking to an audience at 2019 Wondercon.

In an era of debates over cancel culture and increased accountability for people with horrendous views and behaviors, the question of art vs. artist is a tricky one. When you find out an actor whose work you enjoy is blatantly racist and anti-semitic in real life, does that realization ruin every movie they've been a part of? What about an author who has expressed harmful opinions about a marginalized group? What about a smart, witty comedian who turns out to be a serial sexual assaulter? Where do you draw the line between a creator and their creation?

As someone with his feet in both worlds, actor Wil Wheaton weighed in on that question and offered a refreshingly reasonable perspective.

A reader who goes by @avinlander asked Wheaton on Tumblr:

"Question: I have more of an opinion question for you. When fans of things hear about misconduct happening on sets/behind-the-scenes are they allowed to still enjoy the thing? Or should it be boycotted completely? Example: I've been a major fan of Buffy the Vampire Slayer since I was a teenager and it was currently airing. I really nerded out on it and when I lost my Dad at age 16 'The Body' episode had me in such cathartic tears. Now we know about Joss Whedon. I haven't rewatched a single episode since his behavior came to light. As a fan, do I respectfully have to just box that away? Is it disrespectful of the actors that went through it to knowingly keep watching?"

And Wheaton offered this response, which he shared on Facebook:

Keep Reading Show less