The Lesson of Ferguson

 Posted on November 28, 2014 in Criminal Law

Well we ought to know its not about "Ferguson!" Ferguson was a mere catalyst for what will hopefully be a better USA for people of all colors and creeds.

As many of my colleagues in the criminal defense bar know, when we're traveling on the highway and see those blue flashing lights, 80% of the time the occupants are people of color. 80% plus of our clients are people of color. The Criminal court dockets consists of 80% plus of people of color.

We've sadly come to accept that! But all clearly realize that the disproportionality of these facts are "real".

The Grand Jury proceeding in Ferguson was a farce. "Probable Cause", is the lowest standard of proof in our criminal procedure. The Grand Jury was turned into a one sided full blown trial without the maximum benefit of the right to confrontation. That's not the purpose of a Grand Jury. It's merely to find that lowest denominator -"PC".

For someone like myself who grew up in the midst of Apartheid, in SA, I never thought that people of color and whites could co-exist in my Homeland.

What we need is a Mandela. The entire criminal justice system needs both an overhaul and an attitudinal change.

Let's hope that Ferguson precipitates in both.

G-d Bless America.