If This Is It, Officer Wilson Has the Advantage: Conflicting Testimonies Favor Defendant

National Review ^ | 08/22/2014 | Charles C. W. Cooke

[SeekAndFind]

Given that I’m something of a broken record on the subject of due process, my contributions to the discussion about Ferguson have hitherto taken the form of injunctions: namely, to “wait for more information” and refrain from jumping to conclusions. Justice being a process and not an outcome, it has been downright alarming to watch observers on both sides of the aisle reach verdicts that they cannot possibly substantiate.

Many conservatives have been too quick to take the reports that Michael Brown had marijuana in his system and enjoyed lyrically violent music and spin them into premature insinuations of guilt; many progressives, on the other hand, have come dangerously close to endorsing the mantra of “no justice, no peace” — a threat, if there ever was one — and to indulging not only the grief of the protesters down in Missouri but their paranoia, too. For my money, both of these reactions have been mistaken.

Oddly, of all the positions that one can take during times of turmoil and bewilderment, the one that invariably provokes the most widespread outrage is, “I don’t know.” Sometimes, however, it really does represent the most prudent course.

That notwithstanding, in recent days, a worry has started to worm its way into the back of my mind: “What if there is no more information?” What if, despite their best efforts, prosecutors, investigators, and possibly even juries eventually end up working with no more data than we have now? What, in other words, if my perpetual entreaties to “wait” are moot?

[LucyT]

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