More than a year has passed since the murder of George Floyd that sparked both national and international outrage, and we have yet to see justice. Police brutality has existed for far too long alongside the criminal justice system that has continuously failed the United States, especially those from Black communities.
Although recently during the state trial, Derek Chauvin — the former police officer charged with killing Floyd — was sentenced to 22 and a half years in prison, many believe he should be serving the full sentence of 40 years. He still has to face his federal charges of violating Floyd’s civil and constitutional rights due to the use of unreasonable force when he pressed his knee on Floyd’s neck.
However, there is news that indicates that Chauvin is close to reaching a plea deal which would require him to publicly discuss Floyd’s death for the first time and explain the reasoning behind his actions. By doing so, he would be able to avoid another trial for his federal charges; could get a 22-25 year sentence that he would serve at the same time as his state sentence; and would be in federal instead of state prison. He also can avoid spending the rest of his life in prison if the plea deal goes through.
Minnesota Attorney General Keith Ellison stated that Chauvin’s sentence was “one of the longest a former police officer has ever received” for deadly force. Additionally, the sentence exceeds the Minnesota sentencing guideline range of around 10-15 years for the crime since Chauvin abused “a position of trust or authority.” However, with the number of cases we have observed where police officers unjustly used force and committed heinous acts against civilians, Chauvin’s sentence should not be unique.
One of the reasons we see many enforcement officials receive lighter punishments than they deserve and allowing police violence to go unchecked is due to doctrines such as qualified immunity. According to Lawfare, qualified immunity shields government officials from being held personally liable for constitutional violations — like the right to be free from excessive police force — for money damages under federal law. Qualified immunity is what, often, stands in the way of justice for Black and Brown people killed by the police. It operates a shield and prevents police from being held accountable for their actions. That has got to change.
Nature in 2020 cites data that states that Black men are “2-5 times more likely than white men to be killed by police during their lifetime.” In another study, “Black people who were fatally shot by police seemed to be twice as likely as white people to be unarmed.” Although there needs to be more transparency regarding police misconduct and more data collection, there is still glaring evidence that supports that there is institutional racism in place in our criminal justice system.
We need to continue to aggressively push for positive change and progressive action to ensure that cases such as Floyd’s never happen again. In March of this year, Representative Ayanna Pressley and Senator Edward J. Markey re-introduced the Ending Qualified Immunity Act. If passed, it would end the practice of qualified immunity and allow Americans who are wronged by governmental officials, including police, to seek relief.
SisterLove supports ending qualified immunity that would promote legal and constitutionally secured rights for all Americans. In March, the act was passed by the House of Representatives. There would need to be pressure placed on the Senate for this bill to be passed.
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