Elijah McClain and the Due Process Clause
Due process rights. The Fifth Amendment dictates that no one shall be "deprived of life, liberty or property without due process of law" by the federal government. The Fourteenth Amendment mirrors the same language called the Due Process Clause to describe the same legal obligation for all states. This protection is a cornerstone of our society and is the promise of legality and fair procedure. But in the case of the Police Officers in Aurora, Colorado that have tried to mock the killing of Elijah McClain, this is where things have gotten seriously twisted.
The right of due process was intended to be a fundamental right incorporated within our Bill of Rights available to all citizens and was designed to protect citizens from unlawful prosecution from the government. In order for the government to be able to deprive citizens of life, liberty or property, the government must follow a process to ensure the correct procedure is enacted to provide fair adjudication. A commitment to ensuring the legality between the government and its citizens is at the heart of all advanced legal systems, and the Due Process Clause is often thought to embody that commitment.
If you haven’t already read, three Police Officers were fired last week for taking part in a despicable and deplorable selfie session at Elijah McClain’s memorial site, the 23 year-old African-Amercian man that was killed while being subdued by Police through the use a carotid hold. Elijah McClain was killed by Police as he was walking home from a convenience store – he was not suspected of committing a crime, he was simply identified as a potential “suspicious person.” The picture was texted to Jason Rosenblatt, one of the officers involved in the killing. Rosenblatt replied "ha ha" to the picture...
And now the Police Union is alleging that these police officers have been deprived of their due process rights because they were fired for this extreme misconduct without the proper hearings. The Police Union is also alleging that Police Chief Wilson, who fired these Officers, “has demonstrated she is unfit for the position she currently holds.” The Police Union is trying to get her removed instead of focusing on correcting the behavior of the Officers and ensuring it doesn’t happen again, a job they are paid to do.
These Police Officers are employees of the city of Aurora. They are being fired for conduct that is in violation of the moral standards required for them to keep their employment. The fact that they have due process rights in this context is atrocious. They should be terminated, there is no set of hearings required. They shouldn’t be reassigned, put on paid leave, allowed to resign… This is a shining example of the acceptance of systemic racism supported and defended by the Police Unions. Call for the Police Unions to be abolished folks.
Keep in mind, the officers that killed Elijah McClain were subsequently cleared of any wrongdoing… Where were his Due Process Rights? He is the American citizen that the Due Process Clause was designed to protect.
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4 年Such a heart wrenching ending for this kind soul.