Source: Tiffany Lo keyword assignment, Prof Victoria Robinson, UC Berkeley
Tags: justice, keyword analysis, Eric Garner, Daniel Pantaleo, restorative justice, reparation justice, equality, recidivism, grand jury, NYPD, police use of force, due process, ES21AC
This analysis defines "justice" as two-pronged: (1) equality before the law regardless of race, wealth, or status, and (2) a restorative rather than purely punitive approach to wrongdoing. These two prongs are then applied to the Eric Garner case and the 2014 grand jury decision not to indict Officer Daniel Pantaleo, revealing how the two aspects of justice can come into tension with each other.
Justice (working definition, two-pronged)
(1) Equality: treating all people fairly regardless of nationality, race, ethnicity, and socioeconomic class, based only on material facts and events, free from the influence of wealth, power, or beliefs. (2) Restorative purpose: justice should not cage or isolate people from society but should take the form of restorative and reparation justice, promoting healthy communities and working toward eliminating the need to incarcerate.
Restorative justice
A model of justice that focuses on repairing harm and restoring relationships rather than purely punishing offenders. It seeks to promote healthy communities and reduce the conditions that produce crime in the first place.
Reparation justice
Closely related to restorative justice, with emphasis on making amends for harm done. In this analysis, it is grouped with restorative justice as the second prong of the definition.
Recidivism
The tendency of convicted persons to reoffend. The analysis argues that a purely punitive justice system encourages recidivism by making it extremely difficult for convicted persons to return to and contribute to society.
Grand jury
A legal body that decides whether there is probable cause to bring a case to full trial. In the Eric Garner case, the Richmond County grand jury decided on December 3, 2014 not to indict Officer Daniel Pantaleo.
Due process
The legal requirement that all defendants receive fair and equal treatment within the judicial system. Relates to the first prong of the justice definition.
Justice treats all people fairly, without regard to nationality, race, ethnicity, or socioeconomic class
Decisions should rest on material facts and events alone
Individual wealth, power, or beliefs should have no influence on outcomes
This is the prong most people instinctively think of when they hear the word "justice"
Justice should not function as a mechanism for caging and isolating people from society
Isolation persists beyond the period of imprisonment itself, making reintegration extremely difficult
Punitive systems encourage recidivism rather than reducing it
The alternative is restorative and reparation justice, which focuses on building healthy communities and working toward eliminating the need for incarceration altogether
The event: Eric Garner, an African-American man, died in New York due to neck compression by police officers at the scene
The legal outcome: On December 3, 2014, a Richmond County grand jury declined to indict Officer Daniel Pantaleo, finding no probable cause to bring the case to trial
Prong 1 failure: Officers repeatedly grabbed and shoved Garner despite his pleas to stop and his repeated statement "I can't breathe." The analysis argues his race and physique influenced how officers treated him, meaning he was not afforded the same justice another person in the same situation would have received
Prong 2 tension: Many people wanted the officer put on trial (which aligns with Prong 1, equal due process). However, those who believed the officer should "rot in jail" were themselves failing to offer Prong 2 justice to the officer. They would define him forever by his wrongdoing rather than considering restorative or reparative outcomes.
The Garner case illustrates how the two prongs of justice can pull against each other
Demanding accountability (Prong 1) can conflict with offering restorative possibilities (Prong 2)
The analysis argues both prongs must be considered together: genuine equality for all, alongside the ideal of restorative justice
The goal is to create and sustain communities where crime itself is reduced "until its decimation"
⚠️ The two-pronged definition is the core analytical framework here. Be able to state both prongs clearly and explain how they differ.
⚠️ The tension between Prong 1 and Prong 2 is the central insight. The essay argues that applying justice fully means holding both prongs simultaneously, even when they conflict.
⚠️ The Eric Garner case is the specific time/place (X axis) for this keyword. Key details: New York, neck compression by police, Daniel Pantaleo, grand jury non-indictment, December 3, 2014, Richmond County.
⚠️ The analysis applies restorative justice not just to defendants or convicted persons but also to the officer, which is the more provocative and nuanced move in the argument.
⚠️ "I can't breathe" became a widely recognised phrase in discussions of police violence and racial justice. It is referenced here as evidence that Garner's pleas were ignored.
Q: What are the two prongs of the working definition of "justice" in this analysis?
A: (1) Equality: treating all people fairly regardless of race, nationality, ethnicity, or socioeconomic class, based only on material facts. (2) Restoration: justice should not isolate people through incarceration but should take the form of restorative and reparation justice that promotes healthy communities.
Q: Why does the analysis argue that justice was not served under Prong 1 in the Eric Garner case?
A: Because officers used excessive physical force against Garner despite his repeated pleas, and the analysis argues his race and physique influenced how they treated him, denying him the equal treatment that justice requires.
Q: How does the analysis apply Prong 2 (restorative justice) to Officer Pantaleo?
A: It argues that people who wanted the officer to "rot in jail" were failing to offer him restorative justice. They defined him permanently by his wrongdoing rather than considering reparative outcomes, which contradicts the second prong of the definition.
Q: What is the central tension the essay identifies between the two prongs of justice?
A: Demanding equal accountability and due process (Prong 1) can conflict with offering restorative, non-punitive outcomes (Prong 2). Both must be balanced to sustain healthy communities where crime itself is reduced.
Q: What was the grand jury's decision in the Eric Garner case, and when was it made?
A: On December 3, 2014, the Richmond County grand jury decided not to indict Officer Daniel Pantaleo, finding no probable cause of guilt to bring the case to a full trial.
justice, equality, restorative justice, reparation justice, recidivism, Eric Garner, Daniel Pantaleo, NYPD, grand jury, non-indictment, Richmond County, police use of force, I can't breathe, due process, racial justice, punitive justice, incarceration, community restoration, ES21AC, UC Berkeley, Prof Victoria Robinson, keyword triangulation