What Next For Justice?

Two events have rocked the lives of many in our community and our country over the past ten days. First, the failure of the grand jury to indict Officer Wilson in the death of Michael Brown in Ferguson and then yesterday, the failure of another grand jury to indict Officer Daniel Pantaleo in the death of Eric Garner in New York; they have ignited fear, anger, sorrow, grief, confusion, and hopelessness. For anyone who is African American or knows African American men and boys, these decisions confirm a painful experience that their lives don’t matter. However, it is incumbent on all of us to acknowledge that pain, whether it affects us personally or not. Michael Brown and Eric Garner are symbols who have galvanized an historic movement toward justice and equity that we cannot, and should not ignore.

At issue is not whether the grand jury decision was racist or flawed. While we could expend energy debating how a grand jury reaches its conclusion, the two cases raise a larger question that has implications for all Americans:  what is wrong with a justice system that leads people of color to be afraid of the police while white people feel safe and protected?  I urge you to consider any interaction you might have had with a police officer, whether a traffic cop or a cop on the beat. Did you feel safe? Did you feel harassed? Did you walk away with a warning? Did you fear being beaten, or worse?

The stark and often horrifying contrast between the experience of whites and people of color when faced with any representative of the criminal justice system demonstrates the sad truth that the system is far from just. While we might claim that the practitioners of that system are following the rules, we need to ask whether the rules themselves are flawed. What is just about a system that leads to the exoneration of a man for a death that the medical examiner deemed a homicide? Is it acceptable to give the officer the benefit of the doubt, without the rigorous scrutiny of a trial, simply by virtue of his badge? Should we perhaps hold that officer to an even higher standard, given his duty to protect and defend citizens? Where does justice go from here?

In troubled times, I turn to the ancient words of the prophet Micah:

It has been told you, O mortal, what is good, and what the Eternal requires of you—Only this: to act justly, and love mercy, and walk humbly with your God.              (Micah 6:8)

Act justly (mishpat):  to follow the rule of law.

In Jewish tradition, the rule of law (mishpat) is fundamental to civil society. The Rabbis teach that the establishment of laws goes back to Noah, who lived in a lawless world and sought to remake society after the flood. Yet, establishing laws is not sufficient. We are also called to pursue justice, tzedek tzedek tirdof, “Justice, justice shall you pursue.”  (Deut.16:20). This verse enshrines the principle that we must be extra vigilant to create a system of just laws. When laws are unjust, it is our sacred obligation to challenge and change them.

Love mercy (hesed):  to treat each human being with loving care

No matter what our opinion about current events, we are also called to feel compassion for those who are suffering. Where an individual or community is experiencing injustice, pain, and loss, we have a sacred obligation to show them love.  These events may seem far away to some of us. But the sorrow and hopelessness these decisions have aroused throbs in the hearts of people who are very close to us. They matter to us and we need to let them know that we care.

Walk humbly (with your God):  to respond in a way that brings holiness

Both justice and mercy must be rooted in profound humility. As human beings, created in the divine image, we cannot know the whole truth. We cannot discern the heart of another. To be godly is to act as our best selves. That godliness was the source of Gandhi’s power and Martin Luther King’s influence. We have a long road ahead to make systemic change. Our sacred duty is transformation, not confrontation. That lofty goal requires steady, intentional and loving pursuit of justice.  May we be given the strength, courage, and mutual support to see our world transformed in the name of justice, mercy, and all that is godly.