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The Critical Difference: When the State Kills vs. When an Individual Kills – A Response to Outrage

The recent tragic murder of an immigrant woman on a train has, understandably, sparked outrage and grief. In the aftermath, some commentators have attempted to draw comparisons between this horrific act and deaths that occur at the hands of law enforcement. For example, Matt Walsh stated, "This is a greater outrage than the death of every BLM martyr combined times a thousand." However, to equate these two types of tragedies is to fundamentally misunderstand the core principles of justice, accountability, and the role of the state in a civilized society.

While any loss of life due to violence is a tragedy, there is a crucial distinction between a murder committed by a private citizen and a death caused by a law enforcement officer, even if that death is deemed a murder. This distinction lies primarily in the power dynamics and the inherent trust placed in state actors.

When a Random Person Murders Someone:

When a private individual commits murder, it is an act against society's laws. It is a profound breach of the social contract, and the perpetrator is subject to the full force of the legal system. The outrage, in this case, stems from the senseless loss of life and the violation of an individual's right to safety. The justice system is designed to identify, prosecute, and punish the offender, upholding the principle that no one is above the law. This is a clear case of one individual harming another, outside the bounds of any sanctioned authority.

When Law Enforcement Murders Someone (or Uses Excessive Force Leading to Death):

This is where comparisons, like Matt Walsh's, utterly break down. Law enforcement officers are granted extraordinary powers by the state – the power to detain, to use force, and, in extreme circumstances, to take a life. This power is entrusted to them with the explicit understanding that it will be used responsibly, lawfully, and proportionately, in service of protecting and serving the public.

Therefore, when a law enforcement officer causes a death, particularly through excessive force or an unlawful act, it is not merely a crime committed by an individual. It is a profound betrayal of public trust and a breakdown of the very system designed to uphold justice. The outrage, in these instances, is amplified because:

Abuse of State Power: It represents the state, through its agents, acting outside its legal and ethical boundaries. The state is meant to be the guarantor of safety and rights, not their violator.
Lack of Accountability: Historically, and often tragically, there have been significant challenges in holding law enforcement officers accountable for their actions, leading to a perception of impunity that erodes public faith in the justice system.
Systemic Issues: Deaths at the hands of law enforcement, particularly concerning minority communities, often highlight systemic issues within policing – issues related to training, biases, use-of-force policies, and oversight. These are not isolated incidents but symptoms of larger problems that demand systemic reform.
Erosion of Civil Liberties: When the state's agents are perceived to act with unchecked lethal force, it threatens the civil liberties and human rights of all citizens.
Oranges and Apples:

To compare the random, abhorrent act of a private citizen's murder with a death caused by law enforcement is indeed comparing "apples and oranges." One is an individual's criminal act; the other is a potential criminal act by an agent of the state, imbued with immense power, whose primary duty is to protect, not to harm, and to uphold the law, not to circumvent it. While both scenarios result in tragic loss, the implications for justice, public trust, and the fundamental principles of a democratic society are vastly different. A society must demand full accountability for both, but recognize the distinct nature and societal impact of each.

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