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

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."

Identity

Celebrate International Women's Day with these stunning photos of female leaders changing the world

The portraits, taken by acclaimed photographer Nigel Barker, are part of CARE's "She Leads the World" campaign.

Images provided by CARE

Kadiatu (left), Zainab (right)

True

Women are breaking down barriers every day. They are transforming the world into a more equitable place with every scientific discovery, athletic feat, social justice reform, artistic endeavor, leadership role, and community outreach project.

And while these breakthroughs are happening all the time, International Women’s Day (Mar 8) is when we can all take time to acknowledge the collective progress, and celebrate how “She Leads the World.

This year, CARE, a leading global humanitarian organization dedicated to empowering women and girls, is celebrating International Women’s Day through the power of portraiture. CARE partnered with high-profile photographer Nigel Barker, best known for his work on “America’s Next Top Model,” to capture breathtaking images of seven remarkable women who have prevailed over countless obstacles to become leaders within their communities.

“Mabinty, Isatu, Adama, and Kadiatu represent so many women around the world overcoming incredible obstacles to lead their communities,” said Michelle Nunn, President and CEO of CARE USA.

Barker’s bold portraits, as part of CARE’s “She Leads The World” campaign, not only elevate each woman’s story, but also shine a spotlight on how CARE programs helped them get to where they are today.

About the women:

Mabinty

international womens day, care.org

Mabinty is a businesswoman and a member of a CARE savings circle along with a group of other women. She buys and sells groundnuts, rice, and fuel. She and her husband have created such a successful enterprise that Mabinty volunteers her time as a teacher in the local school. She was the first woman to teach there, prompting a second woman to do so. Her fellow teachers and students look up to Mabinty as the leader and educator she is.

Kadiatu

international womens day, care.org

Kadiatu supports herself through a small business selling food. She also volunteers at a health clinic in the neighboring village where she is a nursing student. She tests for malaria, works with infants, and joins her fellow staff in dancing and singing with the women who visit the clinic. She aspires to become a full-time nurse so she can treat and cure people. Today, she leads by example and with ambition.

Isatu

international womens day, care.org

When Isatu was three months pregnant, her husband left her, seeking his fortune in the gold mines. Now Isatu makes her own way, buying and selling food to support her four children. It is a struggle, but Isatu is determined to be a part of her community and a provider for her kids. A single mother of four is nothing if not a leader.

Zainab

international womens day, care.org

Zainab is the Nurse in Charge at the Maternal Child Health Outpost in her community. She is the only nurse in the surrounding area, and so she is responsible for the pre-natal health of the community’s mothers-to-be and for the safe delivery of their babies. In a country with one of the world’s worst maternal death rates, Zainab has not lost a single mother. The community rallies around Zainab and the work she does. She describes the women who visit the clinic as sisters. That feeling is clearly mutual.

Adama

international womens day, care.org

Adama is something few women are - a kehkeh driver. A kehkeh is a three-wheeled motorcycle taxi, known elsewhere as a tuktuk. Working in the Kissy neighborhood of Freetown, Adama is the primary breadwinner for her family, including her son. She keeps her riders safe in other ways, too, by selling condoms. With HIV threatening to increase its spread, this is a vital service to the community.

Ya Yaebo

international womens day, care.org

“Ya” is a term of respect for older, accomplished women. Ya Yaebo has earned that title as head of her local farmers group. But there is much more than that. She started as a Village Savings and Loan Association member and began putting money into her business. There is the groundnut farm, her team buys and sells rice, and own their own oil processing machine. They even supply seeds to the Ministry of Agriculture. She has used her success to the benefit of people in need in her community and is a vocal advocate for educating girls, not having gone beyond grade seven herself.

On Monday, March 4, CARE will host an exhibition of photography in New York City featuring these portraits, kicking off the multi-day “She Leads the World Campaign.

Learn more, view the portraits, and join CARE’s International Women's Day "She Leads the World" celebration at CARE.org/sheleads.


Health

Over or under? Surprisingly, there actually is a 'correct' way to hang a toilet paper roll.

Let's settle this silly-but-surprisingly-heated debate once and for all.

Elya/Wikimedia Commons

Should you hang the toilet paper roll over or under?



Upworthy book

Humans have debated things large and small over the millennia, from the democracy to breastfeeding in public to how often people ought to wash their sheets.

But perhaps the most silly-yet-surprisingly-heated household debate is the one in which we argue over which way to hang the toilet paper roll.

The "over or under" question has plagued marriages and casual acquaintances alike for over 100 years, with both sides convinced they have the soundest reasoning for putting their toilet paper loose end out or loose end under. Some people feel so strongly about right vs. wrong TP hanging that they will even flip the roll over when they go to the bathroom in the homes of strangers.

Contrary to popular belief, it's not merely an inconsequential preference. There is actually a "correct" way to hang toilet paper, according to health experts as well as the man who invented the toilet paper roll in the first place.

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Some who saw the video thought that Asero came off as entitled and exemplified the younger generation’s lack of work ethic. In contrast, others sympathized with the young woman who is just beginning to understand how hard it is to find work-life balance in modern-day America.

“I’m so upset,” she says in the video. "I get on the train at 7:30 a.m., and I don't get home until 6:15 p.m. [at the] earliest. I don't have time to do anything!" Asero said in a video.

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I told a kid a riddle my dad told me when I was 7. His answer proves how far we've come.

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"A man and his son are driving in their car when they are hit by a tractor-trailer.

Photo via iStock.

(We were driving at the time, so of course this was the riddle he decided to tell.)

The father dies instantly.

The son is badly injured. Paramedics rush him to the hospital.

Photo via iStock.

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