Like all of
you, I’m sure, I was still trying to digest the news from Ferguson, Missouri,
when I heard that another grand jury—this one far closer to home in Staten
Island—had declined to indict a white policeman who caused the death of a black
citizen. Do these decisions indicate
that the system is working well, that citizens are successfully resisting
pressure from without so as to reach conclusions that they consider rational
and fair? Or do they constitute a sign that the system is corrupt and broken,
that the criminal justice system simply evaluates the worth of the lives of
some citizens differently than the lives of others? It’s easy to find people
who believe both those things, and fervently. Having no specific information
about either case other than what I’ve read in the newspaper, I am hardly
writing today to bring any new facts to light. But I do think that there are
lessons to be learned about life in our American republic both from these
decisions…but even more so from the responses to them.
A reasonable
case could certainly be made that the system in both states, Missouri and New
York, worked properly and exactly as planned by our nation’s founders. The
state presented evidence to a grand jury that it felt warranted putting a
citizen on trial. Deliberations took a very long time—twenty-five days over a
period of three months in Missouri and about six weeks in New York—and finally
the members of the grand jury, determining that the evidence shown to them was
not sufficiently compelling to warrant proceeding to trial, declined to indict.
As far as the criminal justice system goes, the matter ends when the people
speak. (There have, however, been reports that federal officials are investigating
whether the police officers’ actions deprived Eric Garner and Michael Brown of their
civil rights, in which cases they may well decide to pursue the matter in
federal court.)
This being a
republic governed by law and not a totalitarian dictatorship, the power of the
police becomes dramatically lessened once someone enters the court system and
the reality—the happy reality—is that people in our great land specifically do not
disappear into the gulag never to be heard from again because the
government suspects them of having committed a crime. Indeed, the power quickly
passes to the people in such matters: the police are in charge of conducting
criminal investigations, but the people—represented in this context by the grand
jury—are charged with coming to their own conclusion about the reasonableness
of trying accused individuals in courts of law. The power of the state is thus formally
and legally made subordinate to the will of the people, which is exactly how
things are supposed to function in a society in which, as President Lincoln
said at Gettysburg, the government is defined as being of, by, and for
the people. So you could ask why it is that everybody is so upset. The people
exercised its prerogative to swim against the tide in both courtrooms…and that disinclination
to behave in the expected way surely may be interpreted as a sign of a very healthy
democracy populated by citizens secure in their rights, men and women who do
not see or wish to see themselves as servants of the government or its
officials…much less as marionettes who have no choice but to raise their arms
when their handlers pull their strings.
Both decisions
were nevertheless received poorly in many quarters, and that really is to say
the very least. Indeed, many ended up thinking that these cases somewhat
paradoxically serve merely to show just how powerless at least some segments of
the “people” actually are…and concomitantly how powerful the police and the
government. Tempers flared. Demonstrations, some more akin to riots, ensued and
continue to ensue. A general sense of despair, frustration, and ill ease has descended
on the nation, albeit for different reasons in different quarters, and there it
rests and will rest, I fear, for some time. I think it would be fair to say
that no one, except perhaps the personally exonerated individuals in both cases,
feels too satisfied at this point with either decision. Particularly in the
Staten Island case—a case in which the unarmed victim was hugely outnumbered by
armed police officers and was committing (or rather was perceived by police
officers on the scene to be committing) an offense so low-level that it surely
came as a surprise to many, myself included, that it even is a crime to
sell a cigarette that legally belongs to you to someone willing to purchase it—the
decision not to indict seemed hard to square with what the public knew of
reality. Having Eric Garner on video repeating the words “I can’t breathe”
several times while he was apparently being choked to death only added to the
public’s astonishment at the grand jury’s decision. (If you want to see for
yourself, click here to see the amateur video on the website of the New York Daily
News.) But, of course, it also bears saying that none of us was present to hear
the testimony provided to either grand jury and that, therefore, none of us is
in a position to evaluate their evaluation of that testimony in any meaningful
way.
The phrase “two solitudes” was originally the title
of a novel published in 1945 by Canadian author Hugh MacLennan, who detailed in
his book the peculiar way that English and French Canadians had managed in his
day to live in the same country for centuries without ever actually
encountering each other, let alone actually integrating into each other’s
society. The expression is far more used these days in Canada, I believe, than
the book itself is actually read. But the idea itself is worth bringing south
over the border to consider just how apt a concept it is to apply to American
society. Poll after poll reveal the same divide regarding questions about the
basic institutions of society: whether the courts are truly color-blind,
whether the police are, whether the grand jury system functions without respect
to the race of the accused individual, whether public schools truly offer the
same education to children in every neighborhood, whether promotions in the
workplace are truly unrelated to the race of the individual hoping to advance, whether
jury pools meaningfully reflect the ethnic and racial make-up of society, etc.
No matter how many polls I consult, in fact (and most specifically including
the Pew Research Center poll released just last week that focused on the grand
jury’s decision in Ferguson), the data seems invariably to point to the fact
that black and white Americans inhabit different universes of perception,
discourse, and assumption, that black people and white people in our country
have somehow evolved the strange ability to look at the same thing and see two
different things. (If you are reading this electronically, click here to see that Pew
Center poll.) This cannot be a good thing for a nation that wishes to lessen,
not sharpen, the legacy of race bequeathed to latter-day Americans by their
race-obsessed forebears.
Nor is this specifically “about” discrimination per
se. Clearly, we have succeeded into doing away with the overtly racist
institutions of yesteryear—segregated schools, white-only lunch counters,
anti-miscegenation laws, etc., not to mention slavery itself. The elimination
of formal, judicially-endorsed discrimination based on race was obviously a
great accomplishment, but the whole concept of living in the same place and
different places at the same time is a different concept entirely and one that
deserves attention in its own right. I
know how they feel: I too feel ofttimes as though I inhabit my own universe,
one set over the one in which the rest of everybody lives and flourishes, and which
I can see clearly and understand easily—I was, after all, raised and educated
here—but, in the end, one I am in without being fully of. I sense
many of my co-religionists feel similarly. In fact, I know they do.
That awareness that others do not see what we see
when we look out at the world is disorienting. Canada has come simply to live
with it. I lived in Canada for thirteen years without ever meeting or
encountering, even in passing, a French Canadian. As many of you know, I speak
French fluently. But I somehow managed to live all those years in Canada
without ever reading a French-language bestseller, without ever seeing (not
even once) a movie made in Quebec, without ever attending a play by a Quebec
playwright. I surely would never eat poutine anyway, but I can’t even
recall seeing it for sale in our end of Canada, let alone actually served to
anyone. I suppose it must be similarly possible to live in Quebec and remain
totally unfamiliar with the cultural trappings of Anglo-Canada. Two solitudes
there were in Hugh MacLennan’s day and, for better or worse two solitudes was
what I encountered during our years on the ground in Canada. Perhaps things
have changed since we left fifteen years ago.
This reality—that different groups within society
can look out at the world through entirely different sets of spectacles—has a
benign and malign side to it. The benign side has to do with the specific way
diverse internal perceptions of the world can lead to a healthy flowering of
ethnic or racial consciousness. But there is also another side, a darker and
more dangerous side to the concept. When a law-abiding black citizen who has
never been in trouble with the police in his life says, as I heard someone say
on the radio the other day, that he feels panic rising when he sees an armed
white police officer walking down the block and passing by the front of his
house, and the average white citizen feels secure and safe, not panic-struck,
when he sees a police officer patrolling in his neighborhood, then we have to
address the issue not by calling each other names or denigrating each
other’s feelings, but by asking simply how that could possibly be in our free,
democratic country. And then, if we have the courage, we have to dare to answer
the question honestly and forthrightly, and then see where that leads us. The
key, I think, is in accepting that we all see the universe differently,
that we all interpret the light that enters our eyes according to our
own givens. Whether that ability to see the world idiosyncratically and
personally becomes a source for good in the world or whether it becomes a force
for inner-societal divisiveness, discord, and disunity—that is the issue put
squarely down on the table by both grand jury decisions for Americans to ponder
and, if they can, to resolve as part of our never-ended quest to create a more
perfect union both to establish justice and surely also to insure
domestic tranquility.
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