On May 25th, 2020, George Floyd was detained on suspicion of use of a counterfeit $20 bill. Derek Chauvin, an officer involved in George's detainment, knelt on George's neck for 9 and a half minutes, killing him. George's death, which was caught on camera, sparked international protests against police brutality and racism.
Derek Chauvin was one of four officers present at the scene, alongside multiple witnesses. One of the police officers, Tou Thao, actively prevented bystanders from physically interfering. To date, Derek Chauvin is the only officer who has been charged and convicted. The other three officers are still awaiting trial.
Our main questions for this study are:
What does Jewish law say about being a bystander and personal accountability? How does Jewish law hold police and other leaders in the community accountable?
(16) Do not deal basely with your countrymen. Do not stand against the blood of your fellow: I am the LORD.
לא תעמד על דם רעך. לִרְאוֹת בְּמִיתָתוֹ וְאַתָּה יָכוֹל לְהַצִּילוֹ, כְּגוֹן טוֹבֵעַ בַּנָּהָר וְחַיָּה אוֹ לִיסְטִים בָּאִים עָלָיו:
לא תעמד על דם רעך NEITHER SHALT THOU STAND AGAINST THE BLOOD OF THY FELLOW — witnessing his death, you being able to rescue him: if, for instance, he is drowning in the river or if a wild beast or a robber is attacking him.
and Rashbam further clarifies...
It was related that Rav, and Rabbi Ḥanina, and Rabbi Yoḥanan, and Rav Ḥaviva taught the statement cited below. They said: Anyone who had the capability to effectively protest the sinful conduct of the members of his household and did not protest, he himself is apprehended for the sins of the members of his household and punished. If he is in a position to protest the sinful conduct of the people of his town, and he fails to do so, he is apprehended for the sins of the people of his town. If he is in a position to protest the sinful conduct of the whole world, and he fails to do so, he is apprehended for the sins of the whole world.
-Do these interpretations of personal and communal accountability ring true for you? Are these fair expectations?
-Are there situations in which you feel it is safer or better to indeed stand idly by, or to not protest?
-Have there been situations in which you've found yourself assuming guilt for the actions of those around you?
Keeping in mind these themes of personal and communal accountability, let's switch frameworks and examine the roles of police.
(18) You shall appoint magistrates (shoftim) and officials (shotrim) for your tribes, in all the settlements that the LORD your God is giving you, and they shall govern the people with due justice.
רש”י דברים טז:יח הרודין את העם אחר מצותם. הפוסקים את הדין. ושוטרים, שופטים ושוטרים - שופטים, דיינים שמכין וכופתין במקל וברצועה עד שיקב
Rashi on Deuteronomy 16:18
"Shoftim and shotrim”—“shoftim” refers to judges who decide on the law. And “shotrim” are the ones who force the people to follow their commandments. For they hit and force them with a stick and a whip until they accept upon themselves the decision of the judge.
Rabbi Hayyim David HaLevi, D’var HaMishpat Hilkhot Sanhedrin Section 7
Translated by Rabbi Jill Jacobs and Rabbi Aryeh Cohen
(Rabbi Hayyim David HaLevi, 1924-1998, was Sephardic Chief Rabbi of Tel Aviv)
It’s true that we haven’t found anywhere judges who walk around in the markets and in the streets accompanying the police. But, it is also possible to say that the police officers charged with the responsibility of maintaining the public order, extending to the authority of arresting a person and bringing that person to the seat of judgment, are also called judges. It’s no surprise that the police officers of the people are also called judges, for they carry out judgment by imposing the social order on the people. . .and it is in their authority to arrest criminals and to bring them to court. . . for this reason, the verse “you shall appoint judges [shoftim] and officers [shotrim]” is interpreted to mean “the shoftim are judges. The officers/shotrim are the leaders who have responsibility for the community.” That is to say that the job of police officers is not restricted just to carrying a baton and a belt and to the punishment of criminals, rather they are the leaders of the generation. For a leader and a judge are sources of authority, and fields which border upon each other, sometimes they call him judge, and sometimes leader.
-Do you agree with Rabbi Hayyim David HaLevi, that the roles of police are that of leaders of the community? Do you feel that gives them extra responsibilities, or duties to community members?
-Do you feel that in America, police officers act as leaders of the community? Do you feel that police officers see themselves as leaders of the community?
what happens when community leaders do wrong?
(22) In case it is a leader who incurs guilt by doing unwittingly any of the things which by the commandment of the LORD his God ought not to be done, and he realizes his guilt— (23) or the sin of which he is guilty is brought to his knowledge—he shall bring as his offering a male goat without blemish. (24) He shall lay his hand upon the goat’s head, and it shall be slaughtered at the spot where the burnt offering is slaughtered before the LORD; it is a sin offering.
-Why do you think this verse includes "doing unwittingly?" Do you believe that officers of the law and other community leaders are aware of their transgressions as they happen?
-When a leader sins or transgresses, they are required to make a sin offering and take it to the Kohen Gadol. What was the impact of sin offerings in Biblical times? What would be an equivalent to a sin offering today?
-Would you be satisfied with this method of accountability today, for officers and other leaders of the community that transgress? Does it depend on the transgression?
What would be the impact on our contemporary policing if we were expected police to act like judges, or the community leaders the Torah outlines?

