Defense lawyers have a saying: “If the law is against you, pound on the facts; if the facts are against you, pound on the table.” For military defense lawyers, there is a slight modification: “Before you pound on the table, pound on the chain of command.” Why? Because in the military, leaders are accountable for the failures of their subordinates and military juries are the harshest critics of their colleagues whose leadership failures contribute to misconduct. Indeed, the Vanessa Guillen disappearance at Fort Hood, Texas, and its subsequent fallout, is a prime and recent example of how failures at low levels of the military result in accountability at high levels. With all the public attention focused on police reforms, as a former military officer and lawyer I find it perplexing why leadership accountability is not the central focus of this dialogue. How did a former police officer such as Derek Chauvin get to the point where he felt it was appropriate, as the prosecutor in his trial argued , to treat a fellow human being with depraved indifference? What type of training did leaders provide to former officer Kim Potter , charged in the killing of Daunte Wright, before the deadly moment of error? Where were the leaders who should have backed, but instead fired, former police officer Cariol Horne after she intervened to protect a suspect from abuse at the hands of a fellow officer? ADVERTISEMENT “Command responsibility” is a central premise of military leadership, a concept that imposes accountability for commanders when they “knew or should have known” that subordinates would violate the rules of war. It is a doctrine of imputed criminal responsibility derived from what amounts to a dereliction of leadership duty, a doctrine created by our own Supreme Court when it upheld the conviction by military tribunal of Japanese General Tomoyuki Yamashita for the murderous rampage committed by his subordinates as the Philippines fell to Allied forces in ...
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Where hate finds safe harbor, accountability is the answer
Doug Jones, a CNN political commentator, is a former Democratic US senator from Alabama and contributor to the CNN Original Series "The People v. The Klan." He was the U.S. Attorney for the Northern District of Alabama from 1997-2001. The views expressed in this commentary are his own. View more opinion at CNN. (CNN) In the years after I prosecuted and secured convictions for two of the Klansmen responsible for the 16th Street Baptist Church bombing, I traversed the country giving presentations about the case and the contributing factors that led to that fateful day in 1963. That September, Ku Klux Klansmen planted a bomb in a prominent Black church in Birmingham, Alabama, killing four young girls and injuring at least 14 other churchgoers. It would take 14 years before one of the men responsible was tried and convicted , and 20 more before I became the U.S. attorney for the Northern District of Alabama and took on the reopened case . As part of my prosecution, my team and I carefully studied the events leading up to the bombing -- which dated back nine years to 1954 -- and presented our findings to the jury. What Jim Crow looks like in 2021 Perhaps one of the most important contributing factors was this: Words matter. That is, the rhetoric employed by our public officials and community leaders can have real-life consequences. In the case of my home state of Alabama, people like 1960s public safety commissioner Bull Connor and Governor George Wallace strategically used dog-whistle rhetoric that fed a White backlash to the burgeoning Civil Rights Movement. Their hateful speech essentially gave the green light to racial violence. There was no question among the Ku Klux Klan and other White supremacists that Connor, who had control over Birmingham's police and fire departments, and other public officials were sympathetic to their cause . It's no surprise, then, that the Klansmen who were ...
Gov. Walz Signs Police Accountability Bill: ‘Every Single Minnesotan Deserves To Feel Safe And Protected’
MINNEAPOLIS (WCCO) — Gov. Tim Walz signed a bill into law Thursday intended to keep police accountable in the line of duty. While some are excited about this bipartisan supported legislation, there are others who say it doesn’t go far enough. “Every single person, every single Minnesotan deserves to feel safe and protected in their communities,” the governor said at a morning signing ceremony. “This bipartisan piece of legislation moves us towards a critical step towards criminal justice reform.” READ MORE: 'The Fight Isn't Over': Minnesotans Continue To Emotionally Process Chauvin Verdict The Minnesota Police Accountability Act is now law. The People of Color and Indigenous Caucus worked for weeks to come to terms on police accountability reforms and measures to ensure racial justice. Although all of its proposals are not included in the new law, the POCI Caucus believes it sets the foundation for a helpful future for Black, Indigenous and communities of color. The law is the first step towards major change to hold police officers accountable for harmful acts. The law includes a ban on “warrior training” and chokeholds. It requires the duty to intercede and report the use of excessive force by a fellow police officer. It also requires the POST board to create a uniform use of force policy for the states law enforcement agencies. Mike Elliott sits on the board of the American Civil Liberties Union, and he is also the mayor of Brooklyn Center. He acknowledges the hard work that went into getting this legislation passed but feels more needs to be done. “The reform and the legislation doesn’t go far enough to really end racialized policing and overpolicing of Black and Brown communities,” he said. “It does not include a special prosecutor to oversee these cases when police kill someone, and I think that is incredibly important to have.” Elliot says now is not time for Minnesota to pat itself on the back for a job well done. READ MORE: MN House To ...
‘Verdict Not Justice, It’s Accountability’: North Texas Leaders React To Derek Chauvin Guilty On All Counts
Mild Celebrations In Downtown Dallas Follow Derek Chauvin Guilty Verdict NORTH TEXAS (CBSDFW.COM) – North Texas leaders reacted Tuesday, April 20, to former Minneapolis Police Officer Derek Chauvin found guilty of second-degree unintentional murder, third-degree unintentional murder and second-degree manslaughter in the death of George Floyd last year. Derek Chauvin listens to guilty verdicts (CBS News) Chauvin was shown on a teenager’s cell phone video with his knee on a handcuffed Floyd’s neck for more than nine minutes, killing Floyd after police were called to a story where a clerk said Floyd used a counterfeit $20. George Floyd (courtesy: Floyd family) Dallas Mayor Eric Johnson tweeted shortly after the judge read the guilty verdicts, “A jury of Derek Chauvin’s peers has delivered justice in the only way that they could. Ultimately, the rule of law prevailed. We have more work ahead of us to make our country and our city stronger, safer, and more equitable. But today, the system worked.” A jury of Derek Chauvin’s peers has delivered justice in the only way that they could. Ultimately, the rule of law prevailed. We have more work ahead of us to make our country and our city stronger, safer, and more equitable. But today, the system worked. — Eric Johnson (@Johnson4Dallas) April 20, 2021 Fort Worth Mayor Betsy Price released the following statement: Today, our justice system did what we needed it to do – deliver justice. We know that this verdict is part of a much larger ongoing conversation, nationally and locally. This is about progress and equity. This is about commitment to intentional change and preserving the dignity of every life. In Fort Worth, the work continues. It is important to recognize that today is an incredibly emotional day for many of our friends and neighbors, especially in our communities of color. Many will find support in community, but if you are seeking emotional support, the My Health My ...
Keith Ellison: Derek Chauvin Jury Verdict Is not Justice but Accountability
Attorney General of Minnesota Keith Ellison said Tuesday that the guilty verdict in the Derek Chauvin trial was not justice. “I would not call today’s verdict justice, however, because justice implies true restoration,” Ellison said. “But it is accountability, which is the first step toward justice.” The jury found Chauvin guilty on all three charges of killing George Floyd; second-degree unintentional murder, third-degree murder, and second-degree manslaughter. Ellison spoke to reporters at a press conference after the verdict. “Now the cause of justice is in your hands,” he said. “And when I say your hands, I mean, the people of the United States.” Ellison thanked everyone who stepped up to protest the death of George Floyd and those who testified against Chauvin in the case. “They stopped and they raised their voices because they knew that what they were seeing was wrong,” he said. He also thanked Americans for peacefully protesting the death of George Floyd and demanding justice. “I urge everyone to honor the legacy of George Floyd by doing so calmly, legally, and peacefully,” he said. ...
