Justice, Punishment, and Accountability

The words we use when discussing Chauvin’s conviction

“Thank you, George Floyd, for sacrificing your life for justice,” Nancy Pelosi said, probably quite pleased with herself.

“For being there to call out to your mom, how heartbreaking was that?” she continued, in the meandering fashion common among politicians who will let themselves die before their career does.

“Your name will always be synonymous with justice.”

Her comments were bizarre. George Floyd didn’t sacrifice his life, he had it snuffed out of him. And how do we define true justice?

A conviction is a way society holds someone accountable. Derek Chauvin is being held accountable. But he hasn’t taken accountability. And even if he did, nothing will ever amount to justice.

Justice and Punishment

After the judge announced the jury’s verdict, I was streaming the news online. They featured several people commenting about the trial and discussing the steps ahead.

It struck me that some journalists and experts kept using the word “justice.” More specifically, they used the cliché phrase “justice has been served.” I thought about it. Had it though?

Let’s put aside the fact that Derek Chauvin will likely appeal and could be granted a retrial. In a magical world, we’ll assume he takes responsibility. His sitting in jail for years — no matter how many — is not justice. There is no justice when a life is unjustly taken. Despite our best wishes, the courts are designed to rule judgments, not to get justice.

I wonder if journalists may reconsider when the word “justice” is appropriate. If the golden goal of journalism is objectivity, why are white journalists subjectively asserting that justice has been reached?

Is it true justice for the daughter who will never see her father again, except on horrific bodycam footage? Is it justice for all the other family members grieving the murder of a loved one at the hands of a racist cop? Is it justice for all the people of color who will continue to fear for their lives?

To add to that list, one conviction isn’t justice for the people who will continue to die at the hands of police. A 2019 study found that police violence was a leading cause of death among young men in the United States. Specifically, Black, American Indians, Latino, and Alaska Native men are more likely to be killed than white men.

A conviction doesn’t change the statistics.

Judgments will never equal justice — but they can deliver punishment.

Punishments can have their place. We need to be careful they don’t blind us to larger issues at play though. The ones that can’t be fixed in a three-week trial. Police culture, lack of oversight, lack of alternative services, systemic racism, internalized biases, militarization. The issues that — once addressed — can actually lead to meaningful change. Not just punishment.

Accountability

Part of what we label justice is actually accountability. How do we realize the harms of our actions? Do we accept punishments? Do we learn from our behaviors?

What does accountability really mean though? How does someone truly earn that badge?

Here’s the Merriam-Webster definition for accountability:

: the quality or state of being accountable

especially : an obligation or willingness to accept responsibility or to account for one’s actions

Let’s zoom in on the word. When we break it down further, we can see two different parts to accountability. These are two different definitions that need to be met in order for true accountability to occur.

To be held accountable and take accountability are two different things.

Being held accountable could look like:

• Being called out by someone
• Losing a job
• Paying a fine or penalty
• Accepting or being forced to accept a jail sentence or another punishment

Example: “His boss held him accountable by suspending him.”

Taking accountability could look like:

• Honestly seeing your wrongdoings
• Admitting your wrongdoings
• Apologizing for your wrongdoings
• Learning from wrongdoings in an effort not to repeat them

Example: “He was taking accountability by addressing policy failings and committing to police abolition.”

Being held accountable can happen via a third party, like our boss, society, or the courts.

Taking accountability can only happen when a person honestly looks inside themselves and inside others. Nobody can do this for you.

Derek Chauvin was held accountable, but he didn’t take accountability.

He got fired. He was charged. He was convicted. Much of society will always see him as a cowardly racist murderer. Derek Chauvin is currently being held accountable.

He pled not guilty after choking the life out of a man. He made a child relive her trauma on live television. He made up bullshit excuses in an effort to put George Floyd on trial. He didn’t apologize. He couldn’t even admit what he’d done. In fact, he looked confused as he was found guilty on all three charges. He’ll likely serve much less time than the maximum sentence. And, as some outlets are reporting, he’s likely to appeal his conviction. Derek Chauvin did not take accountability.

Progress

When we’re assessing our progress as a society, we often get ahead of ourselves. We use a conviction as a symbol that society is progressing, even if it’s not. Convictions are important. But they’re also rare and when won, they’re extremely well-fought.

As white people, part of being honest about progress is using accurate and appropriate language. A guilty verdict was reached but justice was not served. Derek Chauvin is being held accountable but he’s not taking accountability. This conviction can propel change but we shouldn’t passively assume it’s the start of an anti-racist culture meanwhile colored people are still being killed.