Running Head: Lit Review

Lit Review
Ashley N. Jacquez
University of Texas at El Paso
RWS 1302/ Tuesday

Lit Review

Lit Review
Between the years, 2012- 2015, the United States has been plagued with shooting
incidents involving police officers and unarmed African American males. These types of deaths
are an occurrence that is becoming all too familiar for this country. With deaths like that of
Trayvon Martin, Michael Brown, and more recently the tragic death of Eric Garner, have sparked
a national debate regarding police conduct and has many people questioning the ethics of the
jury system. While the cellphone video of the confrontation between Eric Garner and New York
City police officers has answered many questions about the arrest and subsequent death of Eric
Garner; the court case and the grand jurys decision not to indict New York City police officer,
Daniel Pantaleo, has left the nation more confused and disappointed by the lack of justice this
country is dealing with. The Eric Garner case is considered to be one of the most controversial
cases due to the fact that there was visual evidence that was released to the public, but it failed to
yield any indictments against the officer. To understand the politics and dynamics of the
aftermath of the Eric Garner case these three questions need to be considered:
1. What does the Eric Garner case imply about indicting officers of the law?
2. Did the media play a role in enticing the New York riots?
3. In what ways will the Eric Garner case impact future cases?
What does the Eric Garner case imply about indicting officers of the law?
To understand the significance and controversy behind the lack of indictments involving
police officers, a brief history of the grand jury system and the Eric Garner case should be
introduced. The American grand jury that is used in the United States consists of a secret panel of
twelve citizens; however in the Eric Garner case the grand jury consisted of twenty- three
community members, fourteen white and nine non-white (Williams, 2014). The grand jury in

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the Eric Garner case met for eight weeks and declined to indict Officer Daniel Pantaleo, who was
the officer that subdued Eric Garner using the banned chokehold maneuver.
The Eric Garner case highlights several implications about indicting officers of the law.
Harry Bruinius, of Christian Science Monitor, Eric Garner case 101: Why Grand Juries Rarely
Indict Police Officers questioned the logistics and operations of the grand jury system. Some of
the questions Bruinius raised were: how often to do grand juries make indictments, how many
police officers are indicted by grand juries and why is it so rare for prosecutors to indict police
officers? (Bruinius, 2014) These types of questions that Harry Bruinius is raising are pertinent
to the Eric Garner case because the answers to these questions will distinguish whether indicting
an officer is a matter based on the circumstances of the case or based on the politics of the grand
jury system. According to the U.S. Bureau of Statistics, In 2010, federal prosecutors sought
indictments in about 162,000 cases. Grand jurors declined to indict in 11 of these federal cases
(Bruinius, 2014). The majority of the cases in this study led to an indictment due to probable
cause which requires only the 'kind of "fair probability" on which "reasonable and prudent
[people,] not legal technicians, act (Bruinius, 2014). The standard for what constitutes as
probable cause in the legal system is not high, hence the large volume of indictments.
Although the number of indictments for civilians is high, the indictment in cases
involving police officers is noticeably low. According to a study by Bowling Green State
University in Ohio, U.S. police officers kill approximately 1,000 citizens per year in the line of
duty. On average, four officers are indicted for causing gun-related deaths on duty every year
(Bruinius, 2014). There are several reasons as to why it is rare for prosecutors to indict police
officers; some of the reasons are due to their job description and the pressures that come along it
as well as political issues. In Bruinius view:

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Police officers are given the power to kill in society, and they are often given the benefit
of the doubt in cases in which they may face life-threatening danger. Many often have
qualified immunity as well -- part of a deeply held social compact that recognizes the
pressures of the job (2014).
In making this comment Bruinius acknowledges the pressures that police officers face while on
duty. Given the life threatening dangers police officers face on a daily basis they essentially have
the liberty to use lethal force whenever they deem necessary. With regard to the Eric Garner case,
the controversy surrounding his death consisted of that fact that officers were not in imminent
danger and his death could have been avoided had the officers recognized his cry for help when
he could not breathe. When police officers on the force are involved in these types of fatal
incidents they easily come to the conclusion that they were in danger and that claim is quickly
backed up by their fellow colleagues on the force.
Aside from the inconsistencies within the grand jury system, one of the main reasons why
police officers are able to avoid indictments and major repercussions is due to the unspoken
loyalty amongst police officers. Kevin King Effectively Implementing Civilian Oversight
Boards to Ensure Police Accountability and Strengthen Police-Community Relations, sheds
light on the unspoken code of conduct within law enforcement and the possible ramifications if
one does not abide by the code. According to King:
Failure in the police holding each other accountable may result from a "blue fraternity" in
which police officers protect one another at all costs and shun those that break the "Blue
Wall of Silence" by putting holistic justice first. This "blue culture" can result in officers'
failing to convey the full truth or outright lying to IA [internal affairs] officers (2015).

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In making this comment King is eluding to the fact that the investigation of a case could
potentially be tainted prior to having a grand jury decision. With officers having this type of
brotherhood mentality and holding their loyalty to a standard higher than the law, negatively
affects cases and the outcomes of those cases. Another point that King is making in stating this
statement is that it is quite easy for police officers to lie to internal affairs officers and those who
do not are essentially exiled.
Looking at this issue from a political standpoint allows for a better understanding of the
grand jury declining the indictment of officers of the law. Patrik Jonsson, of Christian Science
Monitor, Eric Garner: Chokehold his own doing or death by economic regulation, details the
frustration that is plaguing lower income and poverty stricken communities when misdemeanor
violations result in coroner declared homicides. Maki Haberfield, a professor of police studies at
John Jay College of criminal justice highlights the real issue that the majority of people are
neglecting to consider: Everyone is just demonizing the police. But police follow orders and
laws. Nobody talks about the responsibility of the politicians to explain to the community why
quality-of-life enforcement is necessary (Jonsson, 2014). In making this comment, Haberfield
gives a broader perspective of the issue and urges people to consider all of the factors that are
plaguing the justice system. The Eric Garner case implies that there are discrepancies within the
grand jury system from a political standpoint as well as a social and ethical standpoint which
allows for the lack of indictments of officers of the law.
Did the media play a role in enticing the New York riots?
The Eric Garner tragedy as well as so many others has caused quite the media frenzy
from both social media and national news affiliates; these media outlets have been attributed to

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the rise in the national protests. Being able to freely express public outrage regarding cases like
that of Eric Garner is a constitutional right. However, when that constitutional right is being used
to fulfill a hidden agenda it hinders the message that is trying to be made. Madison Donzis and
CJ Frogozo co-wrote an article titled Memo to Reporters Covering the Protests in Ferguson
which details the ongoing frustration with the tactics media outlets are using, our media should
aid in the protection of those rights, rather than contribute to a racist drumbeat against them
(Donzis & Frogozo, 2014). In making this comment the authors recognize how the media only
acknowledges the actions being made by the protestors rather than the message they are trying to
advocate for.
In 2014, the driving forces at the nucleus of the national conversation were social media
comments and raw images that quickly sparked controversy. David Zuranik published an article
in The Baltimore Sun which highlights the difficulties in the media; the media story of 2014 is
the way changes in technology have led to hyper democratization of news that might be more
than we are prepared to handle as a society (Zuranik, 2014). In stating this fact David Zuranik
concedes that the advancements in technology are having significant effects in a society which is
ill-equipped. Social media has caused quite a media storm with the recent tragedies like that of
the Eric Garner case. Younger generations look at hashtags and social media as their television
and it really does impact them. (Dr. Drew Staff, 2014). Having younger generations view social
media as their daily news directly affects the way media news outlets report and represent their
information.
With new advancements in having media outlets report their newscast through social
media can cause new limitations. These limitations include reports or posts that are one-sided
and tend to favor one party. In a video recorded by the Dr. Drew staff, they discussed the

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hashtags that are trending on twitter regarding the Eric Garner tragedy. #ICANTBREATHE
used 868,000 times in the last week. #ERICGARNER used 1.6 million times in the last week
(00:17, 2014). In stating this fact the Dr. Drew staff is sharing the statistics from a one sided
view; only see the case from one point of view can encourage justice for that one party being
reported. Hence the majority of the news reports are favoring to Eric Garner which could entice
riots.
The chart below was created from a non-representative sample of ten participants. A
survey, conducted by the author, may answer questions as to how the media has affected ones
opinions and actions regarding the Eric Garner case (Figure 2).

Figure 1 Chart depicts amount of influence media has had.

Thirty percent of the group surveyed had acknowledged that social media and news media did in
fact influence their opinion on the Eric Garner case. These findings suggest that the news
regarding Eric Garner that is being portrayed in the media is diversely affecting what people are
thinking about the case. These findings could also suggest that the media is not equally

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representing Eric Garner and Officer Pantaleo; the majority of the news coverage is focusing on
Eric Garner which could potentially sway a persons thoughts on the case.
In what ways will the Eric Garner case impact future cases?
The Eric Garner case was highly controversial not only because of the racial and police
misconduct factors that contributed to the case, but also because the grand jurys decision did not
reflect the reality of what the public saw. Politics played a significant role in the Eric Garner case
and will certainly impact future cases. Patrik Jonsson published an article In wake of Eric
Garner case, should grand jury system be reformed, illustrates the ways in which the politics of
the grand jury system should be shifted. According to Jonsson, The Garner case in particular is
raising pressure on political leaders in the wake of the grand jury decision that many on both
sides of the political aisle saw as totally incomprehensible. Lawmakers have revived calls to
tweak a grand jury system critics say gives too much leeway to police (Jonsson, 2014).
Jonssons point is that calling upon lawmakers to make the necessary alterations to the grand jury
system will hopefully restore the public justice that seems to be lacking.
Harry Bruinius raised a question as to what states are doing to ensure trust in the grand
jury system when it comes to police killings? (Bruinius, 2014). The response to this question is
telling and will greatly impact the ways future cases will be handled, Because of the close
working relationship between prosecutors and police officers, many have called for independent
investigations whenever a person dies in police custody. This April, Wisconsin Republican Gov.
Scott Walker signed the nation's first law requiring a team of at least two investigators from an
outside agency to lead reviews of such deaths and a public report to be released if criminal
charges are not filed (Bruinius, 2014). In making this comment Bruinius trusts that having an

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outside source conduct an independent investigation of a case will help come to an unbiased
conclusion of the investigation.
Another way the Eric Garner case will impact future cases are the ways in which police
officers conduct themselves while on duty. According to Jonsson, In the wake of Garners
death and protests on his behalf, some police officers are privately discussing whether to stop
heeding the citys campaign to target minor quality-of-life offenses (Jonsson, 2014). Jonssons
point is that allowing for police officers to deter from targeting minor offenses and petty fines
would decrease the likelihood of having another incident like the Eric Garner case. Changing the
ways police conduct themselves on duty and changing the politics of the grand jury system will
greatly impact future cases.
Conclusion/ Synthesis
In conclusion, this literary review has analyzed several different sources and data in order
to answer questions regarding the Eric Garner case and how this case could impact future cases.
This literary review also analyzed the ways the media has influenced the general public. The Eric
Garner case is still fresh and the public is still reeling from the aftermath of the tragedy and
trying to understand and prevent another tragedy such as his. Altering the grand jury system and
the way media reports are being represented in certain aspects could greatly deter from reliving a
tragedy like that of Eric Garner.

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References
Bruinius, H. (2014). Eric Garner case 101: Why Grand Juries Rarely Indict Police Officers.
Christian Science Monitor, 1.
Douzis, M. & Frogozo, CJ. (2014). Memo to reporters covering the protests in Ferguson. [Web
log comment]. Retrieved from http://www.colorofchange.org
Dr. Drew Staff. (2014, Dec. 08). After-show: Social media's role in Eric Garner protests. [Web
log comment]. Retrieved from http://www.hlntv.com/video/2014/12/08/dr-drew-aftershow-eric-garner-ferguson-social-media
Jonsson, P. (2014). Eric Garner: Chokehold his own doing, or death by economic regulation.
Christian Science Monitor, 1.
Jonsson, P. (2014). How minor questioning led to chokehold death of Eric Garner. Christian
Science Monitor, 1.
King, K. (2015). Effectively implementing civilian oversight boards to ensure police
accountability and strengthen police-community relations. Hastings Race and Poverty
Law Journal, 12, 91-119.
Williams, B. (2014, Dec 3). No charges against NYPD officer in fatal chokehold. Podcast
retrieved from http://www.nbcnews.com

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