Sean Bell Situation: Justice has Many Layers in the U. S. Legal System

By Syreeta LaShawn McNeal, CPA, JD

Gary Haugen states “God has a plan to help bring justice to the world -- and his plan is us.” The tragedy of the announcement of the acquittal of all three New York police officers in the New York state criminal system in the slaying of Sean Bell is sending shock, grief, and outrage from Sean Bell’s family to the extended African-American community in all arenas. This article is intended to inform and affirm that justice is not solely found in this single state criminal verdict issued on April 25, 2008. Justice has many layers and it is up to legal professionals to give sound and objective information so that the Bell family and larger African-American community understands the various layers of justice in the U. S. legal system and how we should tactically understand the pros and cons of each and pursue all avenues that will bring the justice that Sean Bell and his family deserves.

Overview of the U. S. Legal System

The American legal system has several layers. The first layer is the division between federal and state law. Another layer is the division between the criminal and civil system. The graphic below outlines a representation that can apply to the Sean Bell situation.

The verdict announced on April 25, 2008 specifically addressed the New York state criminal system only. Therefore, Sean Bell’s family still has a variety of options in the New York state civil or federal criminal and/or civil systems.

Burden of Proofs within Criminal & Civil System

The burden of proof for either a state or federal prosecutor to win their criminal case is vastly different from the burden of proof required for a plaintiff, like the family of Sean Bell, to win a civil case. The burden of proof required in a criminal case is that the prosecutor has to put forth evidence that persuades a judge or jury that the defendant is guilty beyond a reasonable doubt of the charges alleged. Beyond a reasonable doubt represents a very high standard and in numeric terms, this standard represents that the evidence presented in trial has to convince the judge or jury by more than 99% that the defendant did in fact do the crime alleged. If the judge or jury has any doubt regarding the credibility of the evidence presented by the federal or state prosecutor, they usually find the defendant not guilty. The rationale for this high standard in a criminal case is that our legal system feels it is far worse to convict an innocent man on suspect and unreliable evidence.

In contrast, the burden of proof required in a civil case is that a plaintiff must present evidence that persuades a judge or jury that the defendant did the charges alleged by a preponderance of the evidence. This civil standard is a lesser standard than the criminal standard and on a numeric scale the plaintiff has to present evidence that convinces the judge or jury by more than 51% that the defendant did the charges alleged.

So, the verdict in the Sean Bell case issued on April 25, 2008 that acquitted the three New York police officers resulted from the fact that the judge did not feel the evidence the prosecutor presented was credible and reliable for him to convict the defendants beyond a reasonable doubt.

Conclusion

The message for the family of Sean Bell and the African-American community at large is to not loose hope for justice legally. It hurts for everyone here because it shocks the conscience that an unarmed, young man should be shot 50 times by undercover police officers without receiving some type of vindication, like a guilty verdict, in the New York criminal case recently presented. However, legal professionals must ensure that they inform the family of Sean Bell and the African-American community to use a variety of legal options available. There is no guarantee of victory for any legal case brought in our judicial system. Justice has many layers and our U. S. legal system does act as a system of checks and balances to ensure that a balancing act is instituted dealing with people representing victims and the accused. Pursue all legal options available to ensure that you can seek justice even though one venue has closed the door.

Legal Disclaimer: This site provides information about the law designed to keep readers informed of pertinent legal matters affecting the African-American community. But legal information is not the same as legal advice -- the application of law to an individual's specific circumstances. Although we go to great lengths to make sure our information is accurate and useful, we recommend you consult a lawyer in your specific location if you want professional assurance that our information, and your interpretation of it, is appropriate to your particular situation.