Officer, Keith Ellison, Prosecutor discussed on Anderson Cooper 360

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Has appreciate it. It thank you joining us now. CNN legal coats also Gloria. Brown Marshall Constitutional. Law Professor John Jay. College Criminal Justice and author of Race Law in American. Society six, zero, seven to present Laura. I'm wondering what you made of the memorials that we saw today, and they are just really beginning the funeral actually in Houston is going to be on on Tuesday. It was incredibly powerful. I felt to hear from Reverend Al Sharpton Precisely and the family. Of course precisely, because of the amount of time that reverend Al. Sharpton has been trying to articulate these concerns and the over the course of history we see how released a stem Iq, these problems are, and he made a couple of references about really the general theme from Attorney General Keith Ellison former President Barack Obama to what he is saying today about a holistic approach to justice and current justice reform, talking about every aspect that was very powerful, very compelling, and really you're articulated the overall atmosphere and feelings of the nation. Professor Marshall Win People Talk About Criminal Justice, Reform Police reform, and there's obviously a lot of different ways to go about it. There's a lot of different points of view on it. I'm wondering what for you would be priorities in terms of police reform. Well Enersen you know we've been around this long time. And I said on your show before that the system is rigged, and now we're seeing with this particular instance is officers. Sheldon was training on training day. These other three officers had minimal experience days of experience. He is training them how to abuse authority. He is training them how to harm people in the African American community, and so we see that, although we have policies, if the training and the policy is only supposed to be for certain people that they they will take time to talk and deescalate situations in the white community but Niagara. Niagara saying how despite whatever the standard of law is whatever they're learning in the actual academy, the Individual Officers are straining the younger officers how to be brutal, cruel and break the constitutional rights of other people in in the instance and take their lives, and then get away with it so unfortunately we're seeing behind the scenes in order to stop this from happening. There's got to be criminal liability to the officer and a change in the in the prosecutor's office. The prosecutors have too much power not to bring a case and the officers have too much power. Her African American community. Get Away with. Laura it's so interesting. the professor is saying and when you read the criminal complaint, one of the officers, the officer who I guess was one of the new new officers Is the one who actually raised the point that Mr Floyd? is in distress, and should he perhaps put over on his side, and it's officer show. Who says you know? He's staying exactly where he is. I mean the idea that a rookie essentially would be able to have a have a greater sense of humanity and I'm not calling the treatment or the action, and these officers main humane given that they are now being charged essentially with aiding and abetting second degree murder by officers show then that the idea that a nineteen year veteran did not have. Have the experience or requisite level of humanity to be able to know that somebody was dying underneath him and remember you're talking about a police department who had to write in after the Department of Justice came and looked at the ineffectiveness of its policies and tracking problematic police officers, trying to ensure that there were ways for the community to know who which. which officers were presenting problems, which were not abiding, the even added a thing called the sanctity of life provisions here, Anderson, talking about it should be the cornerstone effective policing and the fundamental thing and training. The press was talking about as well is. Every officer knows that you can only use the level of force to repel the forest. Lethal force can only. Only be used to repel lethal force, not when there is not even active resistance, and somebody is unresponsive below you below the knee that you are placing on the person's net. I mean fundamentally, even if the training was there, that's why officers were fired, and it is such a dereliction of duty as highlighted by the chiefs spiring, and now the criminal prosecution. Professor. The in order to get real reform, all amid you're talking about systematic reform at all levels I mean not just of the criminal justice system, but let's focus on the criminal justice system for for this discussion I mean. Is there the political will the capabilities of I mean it is? It just seems like a Herculean task and I'm wondering how. How does you know I? Guess, it starts with a first step. One first steps. Anderson is criminal liability. One of the first steps is to take the amount of discretion. The prosecutor's office has it's apt when it comes to the civilian crime that's committed by a law enforcement officer, but the prosecutor's office is brilliant when it comes to civilian upon civilian crime, and so the idea that ellison is here because. We can't trust the Mike Freeman the prosecutor to actually do his job efficiently when it comes to a law enforcement officer, so my concern is let's. Secure Acution, let's look at how much power they have this reform, the prosecutor's office and then we have criminal liability. These officers won't feel. They can literally get away with murder Glory Marshall or coats, thank you. I'm sorry Lord. You want to say something. I was GonNa say there are certainly as a form there, but it has to be even more expansive about qualified immunity with Prem- court to review it. It has to be about reinforcing the role bat consent decrees that former Attorney General Jeff sessions pulled back as his last act in office before he was. Let go. Shall we say it's about the idea of human rights? Campaigns cases against the authors that are now in. It's always about as Congress has the power of the purse, Anderson. You know full well that one of the ways in which you can incentivize people to behave appropriately is through these consent decrees is also through simple liability and recourse, and of course, effective police, training and accountability, unfortunately criminal prosecution Keith Ellison. Talking about is going to be one piece of a very large pie necessary, but part of a more holistic approach coach. Thank you Gloria Browne Marshall as well. There could be a memorial services on Saturday and Rafer North Carolina where Mr Floyd, sister lives the funerals. We mention will be held next week in Houston. I spoke about an hour or so ago with Houston's Mayor Sylvester Turner. Turner I'm sure. He watched the memorial service for George.

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