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Accountability
The Bell case recently decided by trial to the court in New York highlights a problem with our concept of justice and collateral consequences.
The trial judge found three police officers not guilty and in reporting his judgment stated that the carelessness and incompetence of the three officers involved did not amount to criminal conduct. There is not reason to believe that the trial judge's findings of fact and conclusions of law are not adequately supported the evidence.
This case highlights a systemic problem with our justice system. We do not have any way to hold public officials, other than elected officials subject to impeachment, accountable for careless and incompetent actions -- even actions resulting in death.
How can we hold persons acting in their official capacity to an appropriate standard of conduct -- one that requires greater care when their actions clearly have the potential to cause great and irreversible harm?
We do not seem to have found an answer in over 200 years -- so I really don't expect an answer.
Comments (1)
We could strip them of some power, and delegate it to others. We're not required to have a tri-branch government. There could be an independent branch of government outside the executive, legislature, and judiciary, charged to do things that is not done: Conduct independent, highly regulated investigations of those who are abusing power: Lawyers, Members of Congress, police officers, and others in government.
We could write a new Constitution to change the rules, and create a system which solves the issues you address. Power can be redelegated; and outside oversight can be institutionalized. An answer from 200 years ago doesn't address new ways devised to upset the balance. We can recalibrate this system to something that works.
April 26, 2008 5:55 PM | Reply | Permalink
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