In South Carolina, a veteran police officer has shot and killed an unarmed African American man and now is being charged with murder. In light of recent events ignited by controversy in Ferguson and magnified by a nationwide reaction, we are experiencing a new scandal that reintroduces the conflicts associated with separate standards of justice in this country. I think for the better.
As a veteran prosecutor who must rely on the integrity of law enforcement on a daily basis, I am angered by the actions of the officer in this shooting. Moreover, as a Black man, I am outraged at the violent indifference captured in the video and the arrogance of privilege reflected in the officer’s excuses and lies.
I was the guest legal expert on MSNBC during the time that the story and video was released and provided an overview of analysis of the incident (provided in the link below), but there are a few other issues not addressed in the media which your students might be interested in knowing:You know I’m always open to coming to the campus to address these issues with your students and faculty.
-I find it extremely disappointing that Mayor Keith Summey refers to this incident merely as a “bad mistake” in reference to the murder allegations implicating the behavior of his city’s police department.
-This incident will once again renew the debate over the subjective standards used by law enforcement to escalate encounters (specifically with Black men) that rise to the level that may justify (or not) the use of deadly force.
– African American men are shot at a rate that is 21 times the rate of other communities. Deadly Force, in Black and White
-Similar to the socially disenfranchised structures reflected in Ferguson, 80% of the police force in North Charleston is White yet 47% of the population is Black. And, unless there is an equally low ratio of representation amongst elected officials and leaders in their local justice system.
-The blatant lies told in this case were shocking, reprehensible and insulting regarding the alleged stolen stun gun and the false claims of CPR to offer aid to the now dead victim.
-I would expect to see a civil case against the department and the city to be filed very soon on behalf of Mr. Scott’s 4 children stemming from this incident.
-I would also expect to see a renewed conversation related to the use of body cameras. The fact that the community video exposed both lies and inconsistencies should ignite the demand for more proof and review of police interactions.
-I would also expect to hear a renewed conversation regarding the death penalty related to this case since if found guilty, Officer Slager could face capital punishment.
Regarding the process:
-Whenever there is an officer-involved shooting, the involved officer is typically placed on administrative leave pending two separate investigations: 1) internal with the police department itself and then 2) the local prosecutors conduct an investigation (often with separate investigators) to evaluate whether or not the conduct by the officer was appropriate or rises to the level of criminal conduct.
– Frequently there are community review agencies which can conduct a third investigation IF a complaint is filed. And finally, there is always the possibility of a federal investigation (involving the Justice Department and/or the FBI) which typically extends to a review of departmental practices related to the county evaluating a pattern and practice of behavior that may be inappropriate.
Paul Henderson, ESQ.
Television Legal Analyst
Paul resides in San Francisco, California.
In addition to my regular on-air legal commentary which includes over 400 appearances across every major national network, I’ve recently published a number of essays on various topics related to advocating policy reforms within the law and our justice system. I’m particularly proud that last year, California Lawyer Magazine labeled me one of the most astute legal minds in the entire state (a distinction shared amongst a group of only 7 “luminaries in the legal field”) As always, I’m available to discuss, update and expand on any of the topics mentioned in my comments.
For further inquiries, feel free to contact me and review my website at
Paul Henderson | Speaker, Writer, and Legal & Political Analyst
